PROPOSED REGULATION TEXT DRAFT



PROPOSED REGULATION TEXT DRAFTChapter 5. Client Financial Participation; Loaned Property; Similar Benefits________________Article 1. Client Individual Financial Participation§ Section 7190. Client Financial Participation---General.(a)Clients shall Unless exempted by Section 7191, an individual must financially participate to the extent required by this article in the cost of their vocational rehabilitation good and services. (b)The Department shall will deny authorization of a specific service(s) to any client individual when it has been determined pursuant to this article that client financial participation is required and the client individual or tax filer, as defined in (c)(7) of this section refuses or fails to do so. The Counselor Department shall record in the case record will notify the individual the reason for denying authorization of the service(s). Other services may continue to be authorized if the IWRP Individualized Plan for Employment (IPE) remains viable without the provision of the service(s) that was denied. (c)For the purposes of this article, the following definitions shall will apply:(1)“Client Applicable income” means the remaining income, rounded to the nearest dollar, after subtracting 300% of the federal poverty guidelines based on household size, updated periodically in the Federal Register by the U.S. Department of Health and Human Services under the authority of 42 U.S.C. 9902(2), from the tax filer’s gross income as reported on te tax return from the prior calendar year. all money, before deductions except for a deduction equal to the amount paid for any court ordered child or spousal support payments, received by any of the persons specified in (A) through (D) during a calendar month. “Client income” does not mean financial assistance defined as a similar benefit in accordance with Sections 7026 and 7197.(2) “Gross Income” means the wages, salaries, rent, business income, interest, and other sources, received prior to any adjustments to income, by any of the persons specified in (A) through (C) below, during a calendar year that are reported upon the prior years federal or state tax return. If any of the persons in (A) through (C) are self-employed, “Gross Income” means the calculation of gross income on the individual’s tax return, or joint return, if applicable. The following persons are defined as follows:(A)The client. individual(B)The individual’s client's spouse, providing the client and spouse reside together.or any other person able to file a joint tax return with the individual for federal or state income tax reporting purposes.(C)The parent(s) of an client individual or any other person who claim(s) the individual as a dependent for federal or state income tax reporting purposes. under the age of 18 years with whom the client resides.(D)The parent(s) of a client the individual of any age or any other person who claim the client individual as a dependent for federal or state income tax reporting purposes., unless the only monies made available to the client individual are court ordered child support payments. In this case, only the monies received by the client individual are considered.(2)(3) “Household size member” means only the following persons: the person(s) filing the tax return as described in (c)(3)(A) through (C) of this section, plus the number of dependents claimed on the tax return which the individual is claimed.(A)If the client is 18 years of age or older, except as specified in (C):1.The client2.The client's spouse, providing the client and spouse reside together.3.The client's minor children under the age of 18 years residing with the client 4.Any other person the client claims as a dependent for federal or state income tax reporting purposes.(B)If the client is a minor under the age of 18 years:1.The client 2.The client individual 's parent(s) and minor sibling(s) under the age of 18 residing with the client individual.3.Any other person the client' individual’s parent(s) claims as a dependent for state or federal income tax reporting purposes.(C)If the client individual is 18 years of age or older and is claimed by his/her parent(s) as a dependent for state or federal income tax reporting purposes:1.The client individual.2.The following persons, unless the only monies made available to the client individual by the parent(s) are court ordered child support payments:a.The client individual 's parent(s).b.Any other person the parent(s) claims as a dependent for state or federal income tax reporting purposes.(3)“Liquid assets” means cash, savings, checking accounts less any current month's income which has been deposited, or similar accounts, credit union funds, stocks, and negotiable bonds owned by any of the persons specified in (1)(A) through (D).(4)“Medical exemption” means the monthly medical expenses that are necessary for a client individual to function independently including, but not limited to, medication, treatment, equipment, assistive devices, and special diet. “Medical exemption" also means the costs for extraordinary medical care incurred by other household members, providing the costs are not subject to payment by a third party, such as insurance, Medicare or Medical. It does not mean the cost of routine medical and dental care, or insurance premiums.(5)(4)“Individual financial contribution” means the amount of money the individual is required to pay towards any non-exempt vocational rehabilitation service. “Routine medical and dental care” means care which would be received by a person without a substantial handicap, such as periodic check ups, treatment for influenza or a virus, or the filling of dental caries. (6)(5) “Joint tax return” is a?tax return?filed with a state or federal taxing authority that reports income, expenses, deductions, and other pertinent tax information for two persons filing a single return together in accordance with applicable law governing the taxing authority. “Surplus income” means the client's monthly income which exceeds the appropriate amount specified in section 7192. (6) “Rate of financial participation” means the sliding scale percentage determined by each individual’s applicable income and the index for variable housing cost counties, either Region 1, Region 2, or Region 3 identified below in (A), (B) and (C). (A) “Region 1”, as referenced in Section 7192, includes the following counties: Alpine, Amador, Butte, Del Norte, Fresno, Glenn, Humboldt, Imperial, Inyo, Kern, Kings, Lake, Lassen, Mariposa, Madera, Merced, Plumas, Shasta, Sierra, Siskiyou, Stanislaus, Sutter, Tehama, Tuolumne, Trinity, Tulare, Yuba(B) “Region 2”, as referenced in Section 7192, includes the following counties: Calaveras, El Dorado, Los Angeles, Mendocino, Mono, Monterey, Nevada, Placer, Riverside, Sacramento, San Benito, San Bernardino, San Joaquin, San Luis Obispo, Yolo.(C) “Region C” as referenced in Section 7192, includes the following counties: Alameda, Contra Costa, Marin, Monterey, Napa, Orange, San Diego, San Francisco, San Mateo, Santa Barbara, Santa Clara, Santa Cruz, Solano, Sonoma, Ventura.(7) “Tax Filer” means any of the persons described in (c)(3)(A) through(C) of this section. “Surplus liquid assets” means liquid assets which exceed $2,000.00 in value plus $750.00 additional value for each of the client's household members.(8) “Tax return” means a form filed with a state or federal taxing authority that reports income, expenses, deductions and other pertinent tax information. NOTE: Authority cited: Sections 19006 and 19016, Welfare and Institutions Code. Reference: 26 USC 61, 34 CFR Section 361.47(b) 361.54(b), and Section 19018 and 11452.018 Welfare and Institutions Code.§ Section 7191. Individuals Exemptionsed from Client Financial Participation.(a)A client An individual shall will be exempt from client financial participation in the cost of any vocational rehabilitation goods and services if the client individual is a recipient of any of the following: (1)Social Security Disability Insurance (SSDI).(2)Supplemental Security Income (SSI) / State Supplemental Program (SSP).(3)Public Assistance, including General Relief, General Assistance, or Aid to Families with Dependent Children. Temporary Assistance for Needy Families (TANF), Supplemental Nutrition Benefits (SNB), Transitional Nutrition Benefits (TNB) California Work Opportunity and Responsibility to Kids (CalWORKS) and the Special Supplemental Nutrition Program for Women, Infants and Children (WIC).(b)An individual will be exempt from financial participation if the individual is not required to file a tax return because their income does not exceed certain thresholds or other reasons pursuant to 26 U.S.C. Section 6012. Clients who are not exempt in accordance with (a) shall complete a Statement of Financial Status form DR 233, part I, Rev. 1/90. In the case of a client whose parent meets the definition of “household member" in section 7190(c)(2), the form shall be completed by the client's parent, unless the parent refuses to do so. When the parent refuses, the client may complete the form; however, the parent's income and liquid assets shall continue to be considered. The client shall:(1)State his/her name and Social Security number, the source and amount of his/her liquid assets and the type and amount of medical expenses which qualify for the medical exemption.(2)Sign a certification that the income, liquid assets, number of household members and medical expenses used by the Counselor in the financial participation computation are correct to the best of his/her knowledge.(3)Acknowledge that he/she understands that any changes in income, household composition and medical expenses, as well as changes of $100 or more in liquid assets, must be reported to the Department and that such changes may result in a change to the amount of the client financial participation obligation.(c)Students with disabilities, as defined in federal law, 34 CFR Section 361.5(c)(51), who are potentially eligible and have not yet applied for vocational rehabilitation services are exempt from financial participation. The following vocational rehabilitation services shall be exempt from the client financial participation requirement and under no circumstances shall any client be asked to participate in the cost of these services:(1)Evaluation of rehabilitation potential including diagnostic services and related services.(2)Counseling and guidance, and referral services.(3)Placement.(4)Training, tutoring, books, and other training materials.(5)Tools necessary for performance of an occupation.(6)Personal services including attendant care, deaf and language interpreter, notetaker, driver, and reader services. (7)Transportation costs up to the rate charged by the most economical public transportation available, or reimbursement for the operation of a private motor vehicle on a per mile basis at a rate established by the Department.(8)Job Coaching Services.(d) An individual must provide appropriate evidence of any financial participation exemption they are claiming every year that they request the exemption as set forth in Section 7191.7, and every year thereafter that they receive the exemption.(e) An individual who is found to be personally exempt from financial participation in accordance with (a) through (c), will not be required to complete an annual financial assessment. NOTE: Authority cited: Sections 19006 and 19016, Welfare and Institutions Code. Reference: 34 CFR 361.42, 34 CFR 361.47(a), 361.5(c)(51), 361.54(b) and Section 19018, Welfare and Institutions Code.Section 7191.1 Services Exempt from Financial Participation(a) The following vocational rehabilitation goods and services are exempt from financial participation and under no circumstances will any individual be asked to participate in the cost of these services:(1) Assessment for determining eligibility and priority for services, except those non-assessment services that are provided to an individual with a significant disability during an exploration of the individual’s abilities, capabilities, and capacity to perform in work situations through the use of trial work experiences.(2) Assessment for determining vocational rehabilitation needs.(3) Counseling and guidance, and referral services.(4) Placement(5) On-the-job training, registered apprenticeship training, basic academic remedial or literacy training, job readiness training, disability-related skills training, Randolph-Sheppard Entrepreneurial Training (Business Enterprises Program), customized training, and miscellaneous training that is not specifically subject to financial participation as described in Section 7191.2.(A) For purposes of this Section, the following definitions apply:(i) On-the job training means training in specific job skills by a prospective employer. Generally, the trainee is paid during this training and will remain in the same or similar job upon successful completion.(ii) Registered apprenticeship training is training accepted and recorded by the U.S. Department of Labor Office of Apprenticeship, is registered or approved by a recognized State Apprenticeship Agency. Approval is evidenced by a Certificate of Registration or other written indicia.(iii) Basic academic remedial or literacy training is to remediate basic academic skills that are needed to function on the job in the competitive job market.(iv) Job readiness training is to prepare an individual for work. (e.g., work behaviors, getting to work on time, dress and grooming, increasing productivity) (v) Disability-related skills training is for improving augmentative skills including but not limited to orientation and mobility; rehabilitation; use of low-vision aids; Braille; speech reading, sign language; and cognitive training.(vi) Randolph-Sheppard Program Entrepreneurial Training (BEP) is small business creation through the federal program. (vii) Customized training is designed to meet the special requirements of an employer who has entered into an agreement with a service delivery area to hire individuals who are trained to the employer’s specifications. This training may be at the employer’s site or provided by a training vendor able to meet the employer’s requirements. Such training usually requires a commitment by the employer to hire a specified number of trainees who satisfactorily complete the training.(viii) Miscellaneous training means training not defined here otherwise, and does not include occupational or vocational training as defined in 7191.2(a) or listed as GED or secondary high school classes, or courses at a four year, junior or community college, not leading to a certificate or diploma.(ix) Any tutoring, books, or other training materials necessary for the training listed above.(6) Tools, as defined in Section 7028.4 of these regulations, mean an implement, utensil, or instrument, usually hand held, that an individual controls and manipulates to perform a task, and that is typically required for use in a skilled trade such as carpentry, plumbing, electrical work, or auto mechanics. A tool is distinguished from an “Assistive Technology Device” as defined in Section 7002 and “Equipment” as defined in Section 7013.2. (7) Personal services including attendant care, hearing impaired and language interpreter, notetaker, driver, and reader services.(8) Transportation costs up to the rate charged by the most economical public transportation available, or reimbursement for the operation of a private motor vehicle on a per mile basis at a rate established by the Department.(9) Job Coaching Services.(10) Postsecondary training services, as defined in Section 7191.2(a)(2), for individuals receiving postsecondary training services as documented in an Individualized Plan for Employment (IPE) or Plan amendment developed prior to 2021.NOTE: Authority: Sections 19006 and 19016, Welfare and Institutions Code. Reference: 34 CFR 361.48, 361.54(b); Section 19018 and 19150, Welfare and Institutions Code. Section 7191.2 Services Not Exempt from Financial Participation(a) The Department will require financial participation for the following services:(1) Physical and mental restoration services, in accordance with Section 7020 of these regulations, to the extent that financial support is not readily available from a source other than the Department.(2) Postsecondary training services (including tuition and fees, required books, supplies, and materials), include the following:(A) Postgraduate college or university, defined as full-time or part-time academic training leading to a degree beyond a Baccalaureate Degree, such as a Master of Science, Arts (M.S. or M.A.), or Doctor of Philosophy (Ph.D.), or Doctor of Jurisprudence (J.D.)(B) Full-time or part-time academic training leading to a baccalaureate degree, a certificate, or other recognized educational credential, provided by a four-year college or university, or technical college, where the study and training is focused on a specific job, like information technology analyst or electrician. (C) Junior or community college training, defined as full-time or part-time academic training beyond secondary school leading to an associate degree, a certificate, or other recognized educational credential. Such training may be provided by a community college, junior college, or technical college, as described in (B).(D) Occupational or vocational training, defined as occupational, vocational or job skill training provided by a community college and/or business, vocational/trade or technical school to prepare students for gainful employment in a recognized occupation, not leading to an academic degree. This would include selected courses or programs of study at a community college, four-year college, university, technical college, as described in (B), or proprietary school or program.(3) No training or training services in an institution of higher education (universities, colleges, community or junior colleges, vocational schools, technical institutes, proprietary schools or hospital schools of nursing) may be paid for by the Department unless maximum efforts have been made by the Department and the individual to secure grant assistance, in whole or in part, from other sources to pay for that training.(4) Maintenance, as defined in Section 7019, and provided under conditions specified in Section 7177 of these regulations.(5) Transportation costs in excess of the rate charged by the most economical public transportation available, or reimbursement for the operation of a private motor vehicle on a per mile basis at a rate established by the Department.(6) Vocational rehabilitation services to family members, as defined in Section 7015 of these regulations of an applicant or eligible individual, if necessary, to enable the applicant or eligible individual to achieve and employment outcome.(7) Occupational licenses, and equipment as defined in Section 7013.2 of these regulations, and initial stocks and supplies.(8) Rehabilitation technology in accordance with the definition of that term in Section 7024.7 of these regulations.(9) Technical assistance and other consultation services to conduct market analysis, develop business plans, and otherwise provide resources, to the extent those resources are authorized to be provided, through the statewide workforce investment system to eligible individuals who are pursuing self-employment or telecommuting or establishing a small business operation as an employment outcome.(10) Other goods and services, not listed as exempt in Section 7174, that are determined necessary for the individual with a disability to achieve an employment outcome.(b) An individual who is personally exempt because they meet the requirements of Section 7191 shall not be required to participate in the cost of any vocational rehabilitation service.(c) Vocational rehabilitation goods and services not listed as exempt by Section 7191.1 are subject to the individual’s financial participation.NOTE: Authority: Sections 19006 and 19016, Welfare and Institutions Code. Reference: 29 CFR 29.2; 34 CFR 361.47(a), 361.48, and 361.49; Section 19018 and 19150, Welfare and Institutions Code.Section 7191.3 Required Annual Financial Assessment(a) An individual must complete an initial financial assessment at the time the first Individualized Plan for Employment (IPE) or Trial Work Experience (TWE) plan is written, unless the individual is exempt from financial participation as described in Section 7191.The Department shall conduct a financial assessment annually thereafter at the time of the client’s yearly IPE or TWE review date.(b) If an individual has an open record of services at the time these regulations are adopted, the individual will be required to complete an initial financial assessment on or around the date of their annual IPE review date.(c) When a parent or other person claims the individual as a dependent for federal or state income tax reporting purposes, that person’s gross income will be considered for the financial assessment to determine financial participation as described in Section 7192.(d) If the parent(s) or other person(s) who claims the individual as a dependent on the prior year’s federal or state income tax return refuses to provide the information required to complete a financial assessment, as described in Section 7192, the services will not be provided, unless there are special circumstances under Section 7195(a).(e) The Department will consider proof that the individual is no longer supported by the tax filer, even if the tax filer declares the individual as a dependent, for purposes of evaluating special circumstances impacting financial assessment, as described in Section 7191.5.NOTE: Authority cited: Sections 19006 and 19016, Welfare and Institutions Code. Reference: 34 CFR Section 361.50, 361.54(b); Section 19018, Welfare and Institutions Code. Section 7191.4 Annual Financial Assessment Requirements(a) The individual must provide all the following information:(1) Name of individual.(2) Date of annual financial assessment.(3) Household Size as defined in Section 7190.(4) The prior year’s gross income of the tax filer, as defined in Section 7190(c)(7).(b) The individual must provide their prior year’s tax return or in the case that a parent or other person claims the individual as a dependent for federal or state income tax reporting purposes, that person’s prior year’s tax return.(c) For an individual who did not file a tax return in the prior year, the Department may consider financial documents other than the prior year’s tax returns that evidence gross income, including:(1) Documentation of quarterly earnings from the Employment Development Department.(2) Pay stubs or other wage documentation(3) Income documentation for individuals who are self-employed, including profit and loss statements, ledger documentation, or bank statements.NOTE: Authority cited: Sections 19006 and 19016, Welfare and Institutions Code. Reference: 34 CFR Section 361.54; Section 19016 and 19018, Welfare and Institutions Code. Section 7191.5 Special Circumstances Impacting Financial Assessments(a) In the case of a tax filer, including a parent or other person who refuses to provide information required for the annual financial assessment as described in 7191.3, the Department may waive the financial assessment if the individual provides documentation demonstrating that over the past year, the individual has not been supported by the tax filer, even if the tax filer declared the individual as their dependent for state or federal income tax purposes. The Department may request documentation that evidences the following:(1) The tax filer did not provide for the individual’s housing, food, and utilities; or(2) The tax filer did not provide for the individual’s tuition, training, or educational expenses.(b) The Department may waive the annual financial assessment when the parent(s) of the individual or any other person who claim(s) the individual as a dependent for federal or state income tax purposes is opposed to the services at issue, the individual has a detrimental relationship with that person(s), or other similar good cause exists for such a waiver.Section 7191.6. Special Circumstances Impacting Financial Participation(a) An individual will be obligated to pay their share of financial participation for their vocational rehabilitation services unless there is evidence that undue financial hardship exists in their household.(b) The Department may waive financial participation due to undue financial hardship on an individual basis, when requested by the individual, or the individual’s representative, as described in Section 7191.7.(c) Undue financial hardship means that the individual’s current gross income for federal or state income tax reporting purposes is insufficient to meet the current costs of everyday living expenses and non-exempt vocational rehabilitation services, as described in Section 7191.2, due to the added cost of one or more of the following:(1) Medical expenses necessary for an individual to function independently, except for the cost of routine medical and dental care, or insurance premiums.(2) Child-care not related to training and employment.(3) Unusual or unforeseen necessary expenses such as:(A) Deposits required for an individual experiencing homelessness to move into housing.(B) Repair or replacement of personal belongings damaged due to fire, earthquake, or other natural disaster.(4) Expenses incurred as a result of job loss or other special circumstances as described in Section 7191.5(a).(5) Expenses incurred as a result of multiple family members within the same household, as defined in 7190(c)(4), who are all clients of the Department concurrently.(d) The Department’s decision shall be based upon evidence of undue financial hardship pursuant to subsection (b) of this section exists; and that the individual is not receiving support from other sources for the cost of any expenses listed in subsection (c) of this section.(e) Nothing in this section shall be construed to mean that the Department will waive financial participation to support an individual’s everyday living expenses or take the place of, provide the services of, or become a payment program similar to welfare or other social service agencies. Authority cited: Sections 19006 and 19016, Welfare and Institutions Code. Reference: 34 CFR 361.5(34), 361.48 and 361.54; Section 19018 and19150, Welfare and Institutions Code.Section 7191.7 Process for Requesting Special Circumstances(a) To request consideration of special circumstances as described in Section 7191.5 or 7191.6, the individual must notify the Department, as follows:(1) In writing, or in the individual’s preferred mode of expression appropriate to the individual’s needs, by describing the request for special circumstances with specificity, including what makes it detrimental to financial participation, and other pertinent details.(2) Include additional documentation that supports the special circumstances exception, such as bills, receipts, letters, notifications, bank statements, or statements revoking or ending state or federal aid, and;(3) Hand-deliver, mail by USPS or other commercial carrier, or send as an electronic record such as email, to the individual’s counselor at the Department office where they are being serviced.(b) Once the Department receives the request for consideration of special circumstances, the Department has 14 business days to make a decision or to follow-up with the individual for more information. NOTE: Authority cited: Sections 19006 and 19016, Welfare and Institutions Code. Reference: and 34 CFR Section 361.47; Section 19018, Welfare and Institutions Code.§ Section 7192. Computation of Client Financial Participation.(a) Client financial participation in the cost of vocational rehabilitation services shall be determined in accordance with the provisions of this section.(a) The financial contribution towards the cost of non-exempt vocational rehabilitation goods and services shall be determined in accordance with the provisions of this section.(b) After completing the financial assessment to determine financial participation as described in Section 7191.3, the Department shall annually determine an individual’s rate of financial participation as defined in Section 7190(c), for the cost of any non-exempt vocational rehabilitation goods and services, as follows:(1) From the tax filer’s annual gross income, subtract 300% of the federal poverty guidelines based on household size, updated periodically in the Federal Register by the U.S. Department of Health and Human Services under the authority of 42 U.S.C. 9902(2), to determine the individual’s applicable income as defined in Section 7190(c)(1).Table : Federal Poverty Guideline Figures as of 1/2021 PERSONS IN FAMILY / HOUSEHOLDPOVERTY GUIDELINEANNUAL GROSS INCOME1$12,7602$17,2403$21,7204$26,2005$30,6806$35,1607$39,6408$44,120(A) For families / households with more than 8 persons, add $4,480 for each additional person.(2) The Department will assign the tax filer a rate of financial participation, as defined in Section 7190(c)(6), as follows:ANNUAL Applicable IncomeRate of ANNUAL Financial ParticipationRegion 1Region 2Region 3$?100??- $ 1,99910%9.5%9%$ 2,000??-??$ 3,99915%14.25%14%$ 4,000??-??$ 5,99920%19%18%$ 6,000??-??$ 8,49925%23.75%23%$ 8,500? -? $ 10,99930%28.5%27%$ 11,000? -? $ 13,99935%33.25%32%$ 14,000? -? $ 16,99940%38%36%$ 17,000? -? $ 19,99950%47.5%45%$ 20,000? -? $ 24,99960%57%54%$ 25,000? -? $ 29,99970%66.5%63%$ 30,000? -? 39,999 80%76%72%$ 40,000 and above100%95%90%(c) The Department will apply the tax filer’s rate of financial participation to the cost of any non-exempt vocational rehabilitation goods and services. The result of the computation as described in (b) of this section is the individual financial contribution as defined in 7190(c)(5).(d) An individual who is personally exempt under Section 7191 will not be subject to the requirements of this section.(b)The client financial participation shall cover a one month period and be determined as follows:(1)Subtract the appropriate monthly income exemption, based on the number of household members, specified in (c) from the client's total monthly income. This is the client's surplus income. If the remainder is less than zero, the client has zero surplus income.(2)Subtract $2,000.00 plus $750.00 for each of the client's household members from the client's total liquid assets. These are the client's surplus liquid assets. If the remainder is less than zero, the client has zero surplus liquid assets.(3)Combine the client's surplus income from (1) and surplus liquid assets from (2).(4)Subtract the client's total medical exemptions from the amount determined in (3). The remainder, if any, is the amount of the monthly client financial participation which the client shall be required to contribute toward the cost of vocational rehabilitation services not exempt pursuant to section 7191(c).(c)The client and his/her household members shall be allowed a monthly income exemption of the following amount:Size of Household (including client) Monthly Income Exemption1 person $1,344.002 persons $1,502.003 persons $1,660.004 persons $1,818.005 persons $1,976.006 persons $2,134.007 persons $2,292.008 persons $2,450.009 persons $2,608.0010 persons $2,766.00more than 10 persons add $158 for each additional person(d)Client financial participation shall be recomputed anytime a change in monthly income, liquid assets, number of household members or medical expenses is reported.(e)The amounts specified in (c) shall be adjusted to reflect changes in the California median income level for a household consisting of one individual as most recently calculated by the State Department of Finance. An additional $158 shall be added for each household member other than the client.NOTE: Authority cited: Sections 19006 and 19016, Welfare and Institutions Code. Reference: 34 CFR Section 361.47; 54; Section 11452.018 and 19018, Welfare and Institutions Code.§ Section 7193. Client Financial Participation---Payment(a)The client individual shall directly purchase a service that is subject to client financial participation will pay their financial contribution as computed in Section 7192 when all of when both of the following conditions exist:(1) The amount of the monthly client financial participation computed pursuant to section 7192(b) equals or exceeds the cost of the service to the client. the vocational rehabilitation goods and services are not exempt in accordance with Section 7191.2, and;(2) The individual is not personally exempt because they do not meet the requirements of Section 7191. The client has not yet fulfilled his/her financial participation obligation for the month.(b) For non-exempt goods and services identified in 7191.2 purchased from or provided by an educational or training institution, service provider, vendor, or other purveyor of services, the Department shall pay the difference between the cost of the service and the individual’s financial contribution after the individual’s payment to such entities directly. (c) The individual will pay the amount of their financial contribution to the educational or training institution, service provider, vendor, or other purveyor of services prior to receipt of the non-exempt service.(d) In the case where the Department directly purchases or reissues nonexempt goods and services identified in Section 7191.2, the individual will pay the amount of their individual financial contribution to the Department prior to receipt of the non-exempt service except for:(1) Equipment or other items loaned by the Department at the Department’s discretion, unless and until such time as the title and/or legal ownership is transferred to the individual in accordance with Section 7194.(1)The client requires a service that is subject to financial participation.(2)The amount of the monthly client financial participation is less than the cost of the service to the client.(3)The client has not yet fulfilled his/her financial participation obligation for the month.(c)For ongoing services that are subject to client financial participation, such as speech therapy or short term psychotherapy, the client shall fulfill his/her financial participation obligation in accordance with (a) or (b) each month prior to the authorization of the services by the Department.(d)The client shall not be required to contribute toward the costs of equipment or other items loaned to him/her by the Department unless, and until such time as, the title and/or legal ownership is transferred to the client in accordance with section 7194.(e)A client who must pay the amount of his/her monthly financial participation to the Department in accordance with (b) shall sign an agreement to pay the Department prior to authorization of the service(s). The agreement shall specify the service(s) toward which the payment will be applied.NOTE: Authority cited: Sections 19006 and 19016, Welfare and Institutions Code. Reference: Section 19018, Welfare and Institutions Code; and 34 CFR 361.47.________________Article 2. Loaned Property§ Section 7194 Department-Loaned Property.(a)The Department may loan equipment or other items, except items specified in (b), to a client while he or she is they are participating in an IPE. The Department shall will retain title to the property until one of the following occurs:(1)The client is successfully rehabilitated. When this occurs the Rehabilitation Counselor shall will determine if the property is essential to the client's employment. Upon a determination by the Rehabilitation Counselor, that the property is:(A)Essential to the client's employment, the ownership shall will be transferred to the client, if the client either;(1.i.)Has no financial participation obligation, or(2.ii.)Pays the outstanding balance of his or her their individual financial contribution obligation, if any, to the Department.(B)Not essential to the client's employment, the property may be purchased by the client at a fair market value, as defined in (c). If the client does not purchase the property, it shall will be returned to the Department. (2)The client's IPE is interrupted, and the case record of service is closed as not rehabilitated or the case record of service is inactivated. When this occurs, the property shall will be returned to the vendor/seller unless the client purchases it at fair market value as defined in (c).(b)Ownership of the The following items shall be transferred to the client immediately upon receipt by the client providing he or she has no client financial participation obligation or he or she pays the outstanding balance of the financial participation obligation to the Department. The client has no legal right to the property until the client financial participation obligation is paid. not be loaned:(1)Prosthetic, orthotic and other physical restoration devices including, but are not limited to, wheelchairs, hearing aids and eyeglasses.(2)Customized equipment that has been modified to meet the individual client's needs, excluding modifications to state-owned vehicles to which the Department holds title.(c)Fair market value shall will be determined by the Rehabilitation Counselor contacting a party qualified to appraise the specific item of property, such as the party from whom the item was originally purchased. Factors to be considered shall include the age and current condition of the item.NOTE: Authority cited: Sections 19006 and 19016, Welfare and Institutions Code. Reference: 34 CFR 361.47(a); and Sections 19018 and 19150, Welfare and Institutions Code.___ ................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download