Part 835. Arkansas Rehabilitation Services Policy and Procedure Manual

20 CAR § 835-1004. Individual record of services — ECF procedures. (a) Intake: (1) Social Security card; (2) Driver’s license/ID; (3) Application for services; (4) Informed consent (if under age eighteen (18)); (5) Release of information form; (6) Conflict of interest form; (7) C…

20 CAR § 835-1005. Record retention. (a)(1) With the exception of certain files in Status 00, Arkansas Rehabilitation Services will retain all records of services for a period of seven (7) years. (2) See 34 C.F.R. § 80.42, Arkansas Code § 25-18-601, and the current Arkansas Gener…

20 CAR § 835-101. Purpose. (a) Arkansas Rehabilitation Services receives a federal grant from the United States Rehabilitation Services Administration (United States Department of Education, Office of Special Education and Rehabilitative Services) to operate a comprehensive, coor…

20 CAR § 835-102. Public access to administrative policy. (a) Combined state plan. This multi-year plan: (1) Contains a collaborative description of: (A) Arkansas Rehabilitation Services; (B) The Division of Workforce Services; (C) The Adult Education Section; and (D) The Divisio…

20 CAR § 835-1101. General duty to safeguard confidentiality. (a) Arkansas Rehabilitation Services employees are responsible for protecting the confidentiality of a client’s or applicant’s record of services, including all identifying information contained in: (1) Reports; (2) Li…

20 CAR § 835-1102. Records treated as confidential. (a)(1) This section applies to “personal information”, as that term is used in 34 C.F.R. § 361.38 and related regulations. (2) “Personal information” includes: (A) Photographs; (B) Lists of names; (C) Medical, psychological, and…

20 CAR § 835-1103. Release to the client or the client’s representative. (a) If requested in writing by a client or a client’s representative, Arkansas Rehabilitation Services will generally make all personal information in that client’s record of services directly accessible to …

20 CAR § 853-1104. Release for purposes of audit, evaluation, or research. (a) Arkansas Rehabilitation Services may release personal information to an organization, agency, or individual engaged in audit, evaluation, or research, but only: (1) For purposes directly connected with…

20 CAR § 835-1105. Release to other programs or authorities. (a) If requested in writing by the client or the client’s representative, and supported by a written agreement between Arkansas Rehabilitation Services and the third-party agency, Arkansas Rehabilitation Services may re…

20 CAR § 835-1201. Current year refunds. (a) The vendor should make the refund check payable to the Arkansas Rehabilitation Services. (b) The check should carry the name of the individual. (c) The refund and memorandum giving full information about the refund will be sent to the …

20 CAR § 835-1202. Prior year refunds. (a) The vendor should make the check payable to Arkansas Rehabilitation Services. (b) The check should carry the name of the individual. (c) All refunds will be sent to the Chief of Field Services or his or her designee. (d) The refund and a…

20 CAR § 835-1203. Individual’s contribution. (a) Individual contributions are to be paid to the vendor. (b) If an individual contributes to Arkansas Rehabilitation Services toward the cost of any services or goods, an Arkansas Rehabilitation Services authorization will be writte…

20 CAR § 835-1204. Warrant (check) pickup policies and procedures. (a)(1) The coding of agency vendor warrants for hard copy pickup is a “by exception only” procedure that requires the Commissioner of Arkansas Rehabilitation Services’ approval via the Chief Fiscal Officer. (2) Th…

20 CAR § 835-1301. Prior approval generally. (a) “Prior approval” is defined as the rehabilitation program and other record of services materials are reviewed and approved by a manager or his or her designee before the services planned for are initiated. (b) The manager or his or…

20 CAR § 835-1302. Prior approval — New counselors. (a) A manager’s or designee’s prior approval is required on all cases during a new counselor's twelve-month probationary period. (b) Approval will be indicated on all: (1) Authorizations for diagnostic services exceeding two hun…

20 CAR § 835-1401. Due process steps and procedures. (a) Due process begins once an applicant/client makes a request verbally or in writing for review of a determination affecting the provision of vocational rehabilitation services. (b) Due process will normally progress in the f…

20 CAR § 835-1402. Impact on provision of services. (a) Arkansas Rehabilitation Services shall not suspend, reduce, or terminate services (including evaluation and assessment services and IPE development) being provided to the applicant/client pending a resolution through due pro…

20 CAR § 835-1403. Notification of rights. (a) The applicant/client will be notified of their rights at each of the due process steps. (b) In addition to the procedural safeguards discussed elsewhere in this section, the applicant/client is entitled to the following rights during…

20 CAR § 835-1404. Step 1 — Determination of counselor. (a)(1) Whenever a determination is made by Arkansas Rehabilitation Services that affects the provision of vocational rehabilitation services, the applicant/client can request a review of that determination. (2) See generally…

20 CAR § 835-1405. Step 2 — Administrative review. (a)(1) The District Manager/Director of the Arkansas Career and Technology Institute will hold an administrative review within ten (10) calendar days of the applicant/client’s request for review of the counselor’s determination. …

20 CAR § 835-1406. Step 3 — Mediation (optional). (a)(1) Mediation is available to the applicant/client before an impartial hearing is requested. (2) Mediation is not used to deny or delay the right of an individual to a hearing or to deny any other right afforded by law or Arkan…

20 CAR § 835-1407. Step 4 — Impartial hearing. (a)(1) Each applicant/client has the right to a review, through an impartial hearing, of determinations made by Arkansas Rehabilitation Services personnel that affect the provision of vocational rehabilitation services to applicants/…

20 CAR § 835-1408. Step 5 — Availability of civil action. (a) Any party who disagrees with the findings and decision of the IHO has a right to bring a civil action with respect to the determination under review. (b) The action may be brought in any: (1) District court of the Unit…

20 CAR § 835-201. Referral (Status 00). (a)(1) Arkansas Rehabilitation Services will receive referrals from any source. (2)(A) Eligibility requirements will be applied without regard to the person’s: (i) Sex; (ii) Race; (iii) Age; (iv) Creed; (v) Color; or (vi) National origin. (…

20 CAR § 835-202. Application (Status 02). (a)(1) An individual is considered an applicant and placed in Status 02 when: (A) Sufficient information to initiate an assessment is received, through written application or other method; and (B) The individual is available to complete …

20 CAR § 835-203. Trial work experience (Status 06). (a)(1) The purpose of the trial work experience is to enable the counselor to make a decision when the counselor questions whether the applicant can or cannot work due to the severity of disability. (2) The trial work experienc…

20 CAR § 835-301. Eligibility or ineligibility determination generally. (a)(1) Arkansas Rehabilitation Services has the sole responsibility for determining eligibility for VR services. (2) The Commissioner of Arkansas Rehabilitation Services has delegated the responsibility of de…

20 CAR § 835-302. Presumptive eligibility — Social Security Disability Insurance/Supplemental Security Income recipients. (a)(1) Social Security Disability Insurance beneficiaries and Supplemental Security Income recipients are considered to be individuals with a significant disa…

20 CAR § 385-303. Completion of preliminary diagnostic study. The counselor completes the preliminary diagnostic study when enough information is obtained to write the Certificate of Eligibility/Ineligibility.

20 CAR § 385-304. Certification of eligibility/ineligibility. (a) Eligibility. (1) The counselor must include a certification statement signed and dated in each individual's record of services indicating eligibility for VR, trial work. (2)(A) The Certificate of Eligibility/Inelig…

20 CAR § 385-305. Appeal/ineligibility determination. (a)(1) The individual may appeal the ineligibility determination. (2) The counselor will provide the individual with information on the means by which an appeal can occur, including informal and formal due process procedures, …

20 CAR § 835-306. Order of selection. (a)(1) An order of selection requires that a priority be given to individuals with the most significant disabilities in the provision of vocational rehabilitation services. (2) The order of selection is required in the event that: (A) The sta…

20 CAR § 385-307. Procedures — Order of selection. (a)(1) When applicable, Arkansas Rehabilitation Services order of selection follows the procedures outlined. (2) Eligibility (Status 10) must be established prior to applying the order of selection. (3)(A) Complete the Assessment…

20 CAR § 835-401. Individualized plan for employment generally. (a)(1) Arkansas Rehabilitation Services will conduct a thorough assessment for determining VR needs for each eligible individual. (2) The purpose of this assessment is to determine the: (A) Specific employment outcom…

20 CAR § 835-402. Procedures — Individualized plan for employment (IPE). (a) The counselor will inform the individual of the options for developing the IPE. (b)(1) The counselor will inform the individual of the required components of the IPE if the individual chooses to develop …

20 CAR § 835-403. Informed choice — IPE development. (a) Arkansas Rehabilitation Services will assure that eligible individuals or their representatives are provided information and support services to assist them in exercising informed choice throughout the rehabilitation proces…

20 CAR § 835-404. Procedures — Informed choice — IPE development. (a) The counselor will maintain a regional and statewide list of vendors that provide services that lead to an employment outcome. (b) To the extent available, the counselor will provide or assist the individual in…

20 CAR § 835-501. Economic needs and comparable benefits generally. (a)(1) An individual's economic need is not used to determine eligibility for VR services. (2) An economic needs assessment is used only to determine if the individual can pay any cost of VR services and if so, h…

20 CAR § 835-502. Normal living requirement. Household Size Monthly Income Limit 1 $3,200 2 $3,950 3 $4,700 ($750 for each additional family member) (a)(1) Special circumstances include: (A) Anything that has changed from one (1) year to the next; and (B) Anything that distinguis…

20 CAR § 835-503. Procedures — Utilizing financial need. (a) Exempt Social Security Disability Insurance/Supplemental Security Income recipients from financial need assessment/requirements. (b) The individual must apply for comparable benefits, and documentation of benefits must …

20 CAR § 835-601. Services generally. (a) The highest priority of Arkansas Rehabilitation Services is to provide individualized services to eligible individuals so they can work in competitive integrated employment. (b) Services will be provided in compliance with Title VI and Ti…

20 CAR § 835-602. Substantiality of services. (a) Substantial vocational rehabilitation services are those services that, provided in the context of the counseling relationship, collectively and significantly contribute to the achievement of an employment outcome consistent with …

20 CAR § 835-603. Minimum annual contacts. (a) There must be a minimum of three (3) contacts annually, one (1) of which will include the annual review. (b) The case note should reflect the nature of the contact, i.e., direct face-to-face contact, email conversation, phone convers…

20 CAR § 835-604. Vocational rehabilitation services. (a) As appropriate to the vocational rehabilitation needs of each individual and consistent with each individual’s informed choice, the following vocational rehabilitation services are available: (1) Assessment for determining…

20 CAR § 835-605. Provision and authorization of services. (a)(1) Payment request will not be approved until documentation that the service has been received. (2) Documentation may include: (A) Medical reports; (B) Training progress reports; (C) Attendance forms; (D) Receipts; an…

20 CAR § 835-606. Segregation of duties. (a)(1) Arkansas Rehabilitation Services requires segregation of duties to ensure effective internal control in regard to authorizing services. (2) The implementation of the new case management system (CMS), System 7, enables staff to perfo…

20 CAR § 835-607. Vocational rehabilitation counseling and guidance. (a)(1) The counselor will include on an IPE services of “vocational rehabilitation counseling and guidance, placement, and follow-up”. (2) The program will outline in the criteria for evaluation of progress towa…