Memorandum of Understanding between the State Education Department Office of Vocational and Educational Services for Individuals with Disabilities and the Office of Alcoholism and Substance Abuse Services

April 1999

INTRODUCTION

The New York State Education Department’s Office of Vocational and Educational Services for Individuals with Disabilities (VESID) and the New York State Office of Alcoholism and Substance Abuse Services (OASAS) agree on the need for the provision of comprehensive, coordinated, and integrated services to alcohol and substance abusers. In 1991, the former Divisions of Substance Abuse Services (DSAS) and Alcoholism and Alcohol Abuse (DAAA) signed separate Memoranda of Understanding with VESID governing the referral of individuals in treatment for vocational rehabilitation services. This document is intended to reflect the merger of DSAS and DAAA into a single entity, OASAS, and to update the tenets of the prior agreements with VESID.

It is recognized that policy additions and revisions have been made by VESID to facilitate the provision of vocational rehabilitation services to alcohol and substance abusers. It also is acknowledged that Functional Criteria have been instrumental in the successful collaboration that has occurred. These criteria were developed to ensure screening of consumers by treatment programs in making referrals to VESID District Offices and to ensure that available information as appropriate is forwarded by treatment programs to VESID when making referrals. The combination of these efforts enables VESID to be responsive to the needs of alcohol and substance abusers and to provide the necessary vocational assistance to prepare them for gainful employment.

The criteria delineated below apply to all individuals referred by alcoholism/substance abuse treatment programs for vocational rehabilitation services, and no one will be referred unless, in the judgement of the treatment program, they meet the minimum functional criteria for this purpose.

  1. MINIMUM FUNCTIONAL CRITERIA
    All individuals referred to VESID by an OASAS licensed treatment program will meet the following functional criteria. Written documentation to this effect must be submitted by the referring agency, and all disabilities of which the referring agency is aware should be specified in the referral package.
    1. Treatment Program Progress/Participation
      1. The individual has participated responsibly in the treatment program and has maintained consistent and regular attendance as identified and defined in the Treatment Plan. There should be evidence of the individual’s acceptance of the disability and a commitment to a recovery program.
      2. The individual has made satisfactory progress toward achieving goals established in the Treatment Plan which include the goal of cessation of alcohol and other substance use not prescribed and monitored by a physician.
      3. The individual has made satisfactory progress addressing treatment issues related to the individual’s overall functioning.
      4. The individual has demonstrated an understanding of the need for vocational rehabilitation services including an understanding of the specific reason(s) for referral to VESID at the time when said referral is made.
    2. Housing
      1. The individual currently has a stable residence, or a plan is in place to secure a stable residence in the community in which the individual intends to reside.
    3. Medical
      1. The individual has no temporary or chronic medical problems that contraindicate involvement in vocational rehabilitation and/or related activities.
      2. The individual has no planned medical interventions or secondary complications of the disability, which would preclude participation in vocational rehabilitation activities.
      3. If prescribed medications are needed by the individual, they are being taken appropriately as directed by a physician.
    4. Legal
      1. The individual has no recent or current legal issues, including involvement with the criminal justice system, which would preclude involvement in vocational rehabilitation or related activities.
      2. The individual has no known pending legal cases that are expected to interfere with his/her availability to participate in vocational rehabilitation or related activities.
    5. Discharge Planning
      1. The individual has made a commitment to a discharge plan and VESID has been informed in writing of the provisions of the plan. If a discharge plan has not been developed at the time of referral to VESID, it is the treatment program’s obligation to inform VESID of impending discharge prior to the individual’s actual discharge from the program.
      2. If the individual who has been discharged from treatment prior to completion of VESID services indicates by his/her behavior that additional treatment may be needed, the treatment program must be willing to evaluate the individual’s current status relative to alcohol/substance use. If it is determined that further treatment is needed, readmission or referral to another treatment program which is more appropriate for the current need will occur.
    6. Documentation/Authorized Signatures
      1. All referrals from treatment programs to VESID District Offices should be forwarded under the signature of an appropriate program official. Appropriate program official is herein considered a Qualified Health Professional as defined in 14 NYRC, Section 853.4 (r), promulgated by the Office of
  2. ADDITIONAL INFORMATION TO BE INCLUDED WITH REFERRALS IF AVAILABLE AND APPROPRIATE
    In consideration of the required steps VESID must take to determine an applicant’s eligibility for vocational rehabilitation services, the forwarding of information beyond that which is required in making a referral to a VESID District Office by a treatment provider is strongly encouraged. To the degree that VESID receives needed information as part of a referral package, time and resources can be saved that would otherwise be necessary to expend to make possible the determination of eligibility and the development of the Individualized Plan for Employment (IPE, formerly the IWRP). Any and all information forwarded by a treatment provider to VESID must be handled in accordance with the Federal confidentiality rules (42 CFR Part 2) that apply to all records pertaining to individuals in receipt of alcoholism/substance abuse treatment services.
    Among the areas in which additional information would be of assistance are the following:
    1. Issues Related to the Individual’s Chemical Dependency and Course of Treatment
      1. Indicate how alcoholism/substance abuse has been an obstacle to employment.
      2. Indicate, where appropriate, reasons why the individual cannot or should not return to a previous type of employment.
      3. Describe the extent of the individual’s understanding of the need for vocational rehabilitation services.
      4. Describe any work related or other activities in which the individual has been engaged in the treatment program regimen that may be of assistance in formulating the IPE.
      5. Indicate the specific reasons for referral of the individual to VESID at this time.
    2. Related Problem Areas
      1. Identify, if applicable, any related problems relative to the individual that may interfere with vocational rehabilitation activity (e.g., psychological, social, economic).
      2. Indicate how the problems identified currently are being addressed or will be addressed.
    3. Full Vocational/Educational History/Background
      1. Education including highest grade completed, subjects liked and disliked and reasons for leaving.
      2. Prior vocational/skills training
      3. Description of jobs held including duration of employment, tasks and skills required, and reasons for leaving
      4. Interests, hobbies, and leisure activities
      5. Current method of financial support
    4. Factors Related to Vocational Planning
      1. Results of vocational, educational, psychological, or other testing when available
      2. Emotional and social factors that may be important in formulating a vocational plan; for example, how the individual handles pressure, situations and settings in which the individual is or is not comfortable
      3. Family and other supports in the community
      4. Ability to relate to and communicate with others such as peers, authority figures, family outside treatment program
      5. Legal status including history of convictions and probation or parole status
      6. Need for support services
  3. RESPONSIBILITIES WHILE SERVING CONSUMERS CONCURRENTLY
    It is recognized by VESID and OASAS that coordination of services is vital during periods of time when consumers are receiving vocational rehabilitation and treatment services at the same time. Ongoing communication must be maintained by both VESID and treatment provider staffs to ensure that contradictory messages are not conveyed to consumers, and that services provided by each system are supportive of services provided by the other.
  4. ADDITIONAL ISSUES ARE AGREED TO AS FOLLOWS:
    1. Due to the requirements of welfare reform and the Protocols that have been mutually developed by the Office of Temporary and Disability Assistance, VESID, and OASAS, VESID agrees to foster a Fast Track eligibility and vocational services planning process to ensure that consumers in treatment are able to be served. In cases where a Fast Track process is not possible, coordination of services with the treatment program and the local social services district will be undertaken to ensure the development of an appropriate service plan.
    2. OASAS agrees that the information conveyed to local social service districts by treatment providers regarding the progress toward employability of individuals in treatment who are public assistance recipients will be made available to VESID District Offices which are serving the same consumers. Again, the requirements of Federal confidentiality rules (42 CFR Part 2) must be observed in this process.
    3. In recognition that the provision of VESID’s services often includes the expenditure of considerable fiscal resources, as in the sponsorship of skills training and education programs for individual consumers, OASAS agrees to communicate to the treatment provider system the importance of ensuring the availability of consumers to participate in vocational rehabilitation services which have been approved and purchased by VESID.
  5. MODIFICATION OF AGREEMENT
    This Memorandum may not be modified, amended, or otherwise changed except by written statement signed by all parties to this agreement.

SIGNED BY:

Jean Somers Miller
Commissioner
Office of Alcoholism and Substance Abuse

Richard C. Cate
Chief Operating Officer
State Education Department

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