Arkansas Administrative Code

20 CAR § 835-646. Limitation on use of subminimum wage. (a) If a youth with a disability has completed secondary education and is twenty-four (24) years old or younger, he or she cannot start working for less than minimum wage until he or she has had the opportunity to: (1) Recei…

20 CAR § 835-647. Customized employment. (a) Customized employment means competitive integrated employment for an individual with a significant disability that is: (1) Based on an individualized determination of the unique strengths, needs, and interests of the individual with a …

20 CAR § 835-648. Services to family members. (a)(1) Services may include childcare (up to three (3) months), training, transportation (up to three (3) months), and relocation of the family to an area where work is available for the individual (up to three (3) months). (2) Servic…

20 CAR § 835-649. Post-employment services. (a)(1) Post-employment services may be provided after the individual has been closed as rehabilitated (Status 26) and needs services to maintain, regain, or advance employment. (2) Post-employment services may only be provided to indivi…

20 CAR § 835-650. Tools, equipment, initial stock, and construction. (a) Tools, equipment, initial stock, and occupational licenses may be provided for an individual if: (1) They are necessary for placing the individual in a job or occupation best suited to that individual’s abil…

20 CAR § 835-651. Purchasing (state purchasing guidelines). (a)(1) When the purchase exceeds five thousand dollars and one cent ($5,000.01) but is less than ten thousand dollars ($10,000), tax excluded, district manager approval is required. (2) The counselor will: (A) Obtain at …

20 CAR § 835-652. Title retention/release/repossession. (a)(1) An individual who is provided durable medical equipment, equipment for training, occupational tools and/or equipment by Arkansas Rehabilitation Services will sign a title agreement listing the items provided and speci…

20 CAR § 835-653. Returned or donated items. Returned or donated equipment will be made available for counselors across the state to use for other cases.

20 CAR § 835-654. Assistive technology services and engineering. (a)(1) Assistive technology services (including hearing services, aids, and assistive listening devices such as telecoils) may be considered for each individual in terms of his or her employment plan. (2) Assistive …

20 CAR § 835-655. Prosthetics and orthotic devices. (a)(1) Prosthetics are artificial appliances used for functional or corrective reasons, or both. (2) Orthotics means an orthopedic appliance or apparatus used to support, align, prevent, or correct deformities or to improve the …

20 CAR § 835-656. Hearing aid services. (a)(1) Hearing aid services may be considered as part of an individual’s employment plan when the individual requires amplification to manage the required communication on the job. (2) The technology involved with hearing aids changes rapid…

20 CAR § 835-657. Hearing aid replacement. (a) If an individual who is already a hearing aid user requests a replacement aid or aids, the individual must bring a report from an audiologist or hearing instrument specialist explaining why a replacement is required. (b) Reasons for …

20 CAR § 835-658. Wheelchairs. (a)(1) Arkansas Rehabilitation Services may purchase electric and manual wheelchairs and necessary repairs for the individual to proceed through the rehabilitation process. (2) Wheelchairs will be purchased as prescribed by the treating physician. (…

20 CAR § 835-659. Repair of wheelchairs. (a)(1) Repairs of wheelchairs present numerous problems, and it will not be possible to provide detailed procedures to cover every possibility. (2) In general, all repairs should first be addressed through the vendor where the wheelchair w…

20 CAR § 835-660. Braces. (a)(1) Braces will be purchased in accordance with informed choice upon the recommendation of the specific specialist in charge, i.e., an orthopedist in orthopedic cases or a neurologist in neurological cases. (2) Shoes are standard accessories for all l…

20 CAR § 835-661. Glasses and artificial eyes. (a) Note. Individuals with blindness as a primary disabling condition must be referred to the Division of State Services for the Blind. (b)(1) Glasses, artificial eyes, and other visual services may be purchased if recommended by a c…

20 CAR § 835-662. Personal assistance services — Medicaid. (a) Personal assistance services is a range of services, provided by one (1) or more persons, designed to assist an individual with disabilities to perform daily living activities on or off the job that the individual wou…

20 CAR § 835-663. Attendant services. (a)(1) Arkansas Rehabilitation Services will purchase attendant services, in accordance with informed choice provided by one (1) or more persons, designed to assist an individual with disabilities to perform daily living activities in one (1)…

20 CAR § 835-664. Interpreter services. (a) Arkansas Rehabilitation Services may purchase interpreter services for a deaf or hearing-impaired individual involved in a rehabilitation program in accordance with informed choice. (b) Procedures — Interpreter services. (1) Documentati…

20 CAR § 835-665. Reader services. (a) Arkansas Rehabilitation Services may purchase reader services for deaf or hearing impaired individuals and visually impaired individuals involved in a rehabilitation program in accordance with informed choice. (b) Procedures — Reader service…

20 CAR § 835-666. Motor vehicles. Arkansas Rehabilitation Services policy is not to purchase motor vehicles for an individual or groups of individuals.

20 CAR § 835-667. Special equipment and modification for motor vehicles. (a)(1) The counselor will follow the state purchasing guidelines. (2) Purchase and installation of special equipment and/or vehicle modification may be provided to enable the individual to drive their vehicl…

20 CAR § 835-668. Home modifications. (a)(1) Arkansas Rehabilitation Services will only provide assistance when modifying an individual’s place of residence if the individual owns, is buying, or is a long-term renter or in an extended lease of the property. (2) Modifications to t…

20 CAR § 835-701. Independent living rehabilitation services generally. (a) Independent living rehabilitation services (ILRS) are any appropriate vocational rehabilitation services (as defined under Title I of the Rehabilitation Act of 1973, 29 U.S.C. § 701 et seq.) that will enh…

20 CAR § 835-702. ILRS case status classifications. (a)(1) Status 70 — Referral/applicant status. (2) Counselor will complete Demographic, Referral (Status 00), Application, ILRS Unplanned Authorization, and Case Information forms. (b) Status 71 — Closure from referral/ineligibil…

20 CAR § 835-703. Eligibility. (a)(1) Eligibility requirements will be applied without regard to sex, race, age, creed, color, national origin, or type of disability of the individual applying for services. (2) No group of individuals will be excluded or found ineligible solely o…

20 CAR § 835-704. Responsibility for determining eligibility. (a) Arkansas Rehabilitation Services has the sole responsibility for determining the eligibility of individuals for ILR services. (b) This responsibility remains within the agency and will not be delegated to any other…

20 CAR § 835-705. Basic eligibility requirements for ILR services. (a) The counselor is required to show the following conditions exist for each individual determined eligible for ILR services: (1) The individual has a significant physical or mental disability with resulting func…

20 CAR § 835-706. Economic need and comparable benefits. (a) Services are based on financial need, and comparable benefits will be utilized. (b) Services are intended to be comprehensive and one-time services to enable individuals to live and function independently in the: (1) Ho…

20 CAR § 835-707. Certification of eligibility/ineligibility. (a) The counselor is required to complete the ILRS Certificate of Eligibility/Ineligibility for services in the individual’s ECF. (b) The certificate shall contain the: (1) Individual’s name; (2) Eligibility date; and …

20 CAR § 835-708. Ineligibility. (a)(1) When it has been determined that an individual is ineligible for ILR services, the counselor is required to initiate a Certificate of Eligibility/Ineligibility to close the ECF. (2) Ineligibility certification will be made only after full p…

20 CAR § 835-709. ILRS individualized plan. (a)(1) The counselor must complete a plan for services. (2) The ILRS plan must contain: (A) A specific independent living services goal consistent with informed choice; (B) Criteria for evaluation of progress toward the ILRS goal; (C) S…

20 CAR § 835-710. Reopening a case. (a) A person with a significant disability may reapply for ILR services at any time after thirty (30) days of closure. (b) In such a situation, the counselor must process the case in a manner similar to an individual applying for the first time…

20 CAR § 835-711. Review of ineligibility decision. (a) Review within twelve (12) months and annually thereafter if requested by the individual or, if appropriate, by the individual’s representative any ineligibility determination that is based on a finding that the individual is…

20 CAR § 835-712. Services. Services: (1) Counseling services, including psychological and psychotherapy, and related services; (2) Housing service, including appropriate accommodations to and modifications of any space utilized to serve, or occupied by individuals with significa…

20 CAR § 835-713. Motor vehicle modification policy. (a)(1) Administrative exception must be obtained to provide vehicle modification or van lifts for ILRS cases. (2) For an exception refer to Appendix G. (3) If an administrative exception is granted the following procedures are …

20 CAR § 835-801. Cases closed from Status 00/02 — Closed not rehabilitated before/during evaluation. (a)(1) Arkansas Rehabilitation Services will not close the case record of a referral or applicant prior to making an eligibility determination unless the applicant: (A) Declines …

20 CAR § 835-802. Closed not rehabilitated during/after evaluation (Status 08). (a)(1) An individual’s record of services is closed from application or trial work experience/extended evaluation when the VR eligibility conditions are not met or intervening reasons prevent eligibil…

20 CAR § 835-803. Closed rehabilitated (Status 26). (a) An individual’s record of service will be closed as successfully rehabilitated when the individual has achieved an employment objective consistent with informed choice, substantiality of services has been documented in the c…

20 CAR § 835-804. Closed not rehabilitated (Status 28). (a)(1) Cases closed not rehabilitated in Status 28 can only be closed from Statuses 18 – 24. (2) An individual’s record of services will be closed as not rehabilitated when it is determined that suitable employment cannot be…

20 CAR § 835-805. Closed not rehabilitated (Status 30). (a)(1) Cases closed not rehabilitated in Status 30 can only be closed from Status 10 or 12. (2) An individual’s record of services will be closed as not rehabilitated when it is determined that: (A) The vocational objective …

20 CAR § 835-806. Post-employment (Status 32). (a)(1) Status 32 is used when the need for post-employment services has been identified. (2) Post-employment services may be provided after the individual has been closed as rehabilitated (Status 26) and needs services to maintain em…

20 CAR § 835-807. Closed from post-employment (Status 34). (a)(1) Decisions to terminate post-employment services should be: (A) Made in consultation with the individual; and (B) Documented in the amended IPE. (2) The counselor will work with the individual to achieve a satisfact…

20 CAR § 835-808. Closed from post-employment to be reopened (Status 36). (a) The counselor will close an individual’s case in Status 36 when the counselor determines to reopen the individual’s record of services to provide necessary VR services. (b) Procedures — Closed from post…

20 CAR § 835-809. Closed from service delayed/order of selection (Status 38). (a) This status is used to identify individuals eligible for VR who will not advance to Status 12 and whose names are being removed from the service delayed/order of selection list (Status 04). (b) Proc…

20 CAR § 835-810. Closed from post-employment (Status 39). (a) An individual will be closed from post-employment when the individual cannot maintain employment. (b) Procedures — Closed from post-employment (Status 39). (1) Pay or cancel any outstanding encumbrances. (2) The couns…

20 CAR § 835-901. Caseload management generally. (a) Thereafter, the counselor is accountable for the case management system each time there is a status change. (b) Case status classifications. (1) Referral status: Status 00, referral. (2) Application status: Status 02, applicant…