202.00 Eligibility for Services 2002 Memo

Subject: Revision to Eligibility Policies and Procedures
Date: August 1, 2002

Web revisions were made to the original memo for the purpose of clarification. The changes are in brackets { }

{Below} Attached you will find revised copies of the recently issued Vocational Rehabilitation Eligibility Policies and Procedures.  We have discovered that the requirement regarding assessment materials received related to an individual’s impairment was not in conformance with regulatory intent.

When making a determination whether an individual has a qualifying impairment, the VESID counselor should review all materials available.  This includes materials prepared by medical or other diagnosticians as well as materials prepared by individuals who may not qualify as diagnosticians but who prepare reports regarding an individual’s functional capacities and behaviors.  This might include material from schools, treatment facilities or other settings where the individual has received services or is known. It is not necessary to seek additional assessments or documentation solely because available information has not been prepared by a licensed or otherwise statutorily empowered diagnostician.  It is the responsibility of the vocational rehabilitation counselor to make a professional judgement as to whether the information available is sufficient to determine that the individual has an impairment for vocational rehabilitation purposes. The individual should be made eligible as soon as there is sufficient information available that, in the counselor’s professional judgement, indicates that eligibility criteria have been met.

These revisions appear {in the text of the current policy} on pages 1, 2 and 4 of the Eligibility Policy and { in the text of the current procedure} page 3 of the Eligibility Procedure.  {The text below} Attachment A shows the revised paragraphs only, with deleted wording in brackets and new wording in bold type. 

{Only the revised policy and procedures are availabe.} Please replace the existing Eligibility Policies and Procedures, dated June 2002, with the attached version.  The revisions are effective immediately.

CHANGES TO ELIGIBILITY POLICY/PROCEDURE

Attachment A

ELIGIBILITY POLICY

Page 1:
Existing information [from qualified personnel] will be reviewed by the VESID counselor to decide if the information is sufficient to determine eligibility.  This includes establishing the disability (ies), identifying the impediment to employment and determining that there is a need for vocational rehabilitation services.  Establishing the need for services is a critical decision and the final decision is to be made by the VESID counselor.

Page 2:
With the applicable releases in place, written documentation of the person's disability can be obtained.  This documentation [can be obtained] may be from treatment facilities, providers, medical and other diagnosticians, educational sources, Federal or State Agencies, therapists, and professionals who evaluate and report on functional limitations but are not diagnosticians. [licensed or certified by the appropriate state agency, practitioners licensed or otherwise certified by the appropriate state licensing authorities to provide diagnosis and/or treatment for the individual's disability, schools, and the Social Security Administration.] Referrals made by other agencies should include information about the individual's disability, resulting functional limitations, and how it relates to his/her employment needs.

Page 4:
Disability information [including diagnosis and functional assessment provided by qualified personnel and providers  (e.g., education programs)] contained in existing reports will be used, if available, and if it accurately addresses vocational rehabilitation eligibility requirements.  Further assessment of and information about functional abilities and limitations may be necessary to determine substantial impediments and requirement of services by the VESID counselor.

ELIGIBILITY PROCEDURES:

Page 3:

III. A. [The determination that a physical or mental impairment exists is to be made by someone who is licensed, has the applicable credentials, or is otherwise recognized to provide a diagnosis.  VESID will use the same standards as defined in regulations of the State Education Department and other regulatory agencies, including OASAS, OMH, OMRDD, and Health Department.] The VESID counselor makes a determination that a physical or mental impairment exists primarily through the review of existing information and reports.  Counselors may utilize reports from medical and other diagnosticians, educational sources, therapists, and other professionals who evaluate and report on functional limitations but are not diagnosticians.  When the counselor feels sufficient information is not available to make a decision regarding the presence of an impairment, further assessments may be authorized.