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Virginia Administrative Code
Title 22. Social Services
Agency 45. Department For The Blind And Vision Impaired
Chapter 51. Regulations Governing Provision of Services in Vocational Rehabilitation
11/21/2024

22VAC45-51-90. Provision of services for individuals who are blind or visually impaired.

The provision of vocational rehabilitation services shall be based on the rehabilitation needs of each individual as identified in that individual's IPE and shall be consistent with the individual's informed choice. DBVI shall not place arbitrary limits on the nature and scope of vocational rehabilitation services to be provided to the individual to achieve an employment outcome:

1. In-state vocational rehabilitation services shall be preferred provided that the preference does not effectively deny an individual a necessary vocational rehabilitation service. If the individual chooses an out-of-state vocational rehabilitation service at a higher cost than an in-state vocational rehabilitation service and if either vocational rehabilitation service would meet the individual's rehabilitation needs, DBVI shall not be responsible for those costs in excess of the cost of the in-state vocational rehabilitation service.

2. DBVI shall maintain written policies governing the rates of payment for all purchased vocational rehabilitation services.

3. DBVI shall maintain a fee schedule designed to ensure a reasonable cost to the program for each vocational rehabilitation service that is not so low as to effectively deny an individual a necessary vocational rehabilitation service and not absolute and permits exceptions so that individual needs can be addressed.

4. DBVI shall not place absolute dollar limits on specific vocational rehabilitation service categories or on the total vocational rehabilitation services provided to an individual.

5. DBVI shall not establish absolute time limits on the provision of specific vocational rehabilitation services or on the provision of vocational rehabilitation services to an individual. The duration of each vocational rehabilitation service needed by an individual shall be determined on an individual basis and reflected in that individual's IPE.

6. DBVI shall authorize vocational rehabilitation services in a timely manner.

7. Written authorizations shall be made either before or at the same time as the purchase of vocational rehabilitation services. An oral authorization may be given in an emergency situation, and the nature of the emergency, the specific authorization given, and the manner in which the authorization was made shall be documented in the individual's case file, and the authorization shall be confirmed in writing and forwarded to the provider of vocational rehabilitation services.

Statutory Authority

§ 51.5-66 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 33, Issue 2, eff. October 19, 2016.

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