Human Services, Services for People with Disabilities

Rule R539-9

Supported Employment Pilot Program

Notice of Proposed Rule

(Amendment)

DAR File No.: 35176
Filed: 08/18/2011 06:26:53 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The state-supported employment program received ongoing funding beginning in FY 2012 and is connected to Section 62A-5-103.1.

Summary of the rule or change:

Occurrences of "supported employment pilot" and "pilot" have been removed and replaced with "state supported employment program" and "program." References to support coordinators have been changed to refer to division representatives.

State statutory or constitutional authorization for this rule:

• Section 62A-5-103.1

Anticipated cost or savings to:

the state budget:

No cost or savings are expected to the state budget due to the rule amendments because these amendments are nonsubstantive changes in terminology used in the rule. The changes in terminology refer only to the division and will not have any effect on state budget. The division will not be doing any other work than they are already doing.

local governments:

No cost or savings are expected to the local government due to the rule amendments because these amendments are nonsubstantive changes in terminology used in the rule. The changes in terminology refer only to the division and will not have any effect on local government budgets. The division will not be doing any other work than they are already doing.

small businesses:

No cost or savings are expected to small business due to the rule amendments because these amendments are nonsubstantive changes in terminology used in the rule. The changes in terminology refer only to the division and will not have any effect on small business budgets. The division will not be doing any other work than they are already doing.

persons other than small businesses, businesses, or local governmental entities:

These rule amendments are not expected to affect other persons or result in additional costs or savings because these amendments are nonsubstantive changes in terminology used in the rule. The changes in terminology refer only to the division and will not have any effect on other persons. The division will not be doing any other work than they are already doing.

Compliance costs for affected persons:

No compliance costs are expected because these amendments are nonsubstantive changes in terminology used in the rule and relate to a voluntary program that is free to citizens who meet eligibility requirements. The program is an existing program that will continue providing employment services to people with severe intellectual disabilities. The changes in terminology refer only to the division and will not have any affect on other persons, businesses or local or state budgets.

Comments by the department head on the fiscal impact the rule may have on businesses:

No compliance costs are expected because these amendments are nonsubstantive changes in terminology used in the rule and relate to a voluntary program that is free to citizens who meet eligibility requirements. The program is an existing program that will continue providing employment services to people with severe intellectual disabilities. The changes in terminology refer only to the division and will not have any effect on other persons, businesses or local or state budgets.

Palmer DePaulis, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Human Services
Services for People with Disabilities
195 N 1950 W
THIRD FLOOR
SALT LAKE CITY, UT 84116

Direct questions regarding this rule to:

• Paul Day at the above address, by phone at 801-538-4118, by FAX at 801-538-4279, or by Internet E-mail at pday@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

10/17/2011

This rule may become effective on:

10/24/2011

Authorized by:

Paul Smith, Acting Director

R539. Human Services, Services for People with Disabilities.

R539-9. State Supported Employment [Pilot ]Program.

R539-9-1. Purpose and Authority.

(1) The purpose of this rule is to provide:

(a) procedures and standards for the determination of eligibility for the Division's [pilot program to provide]state supported employment [services]program for Persons on the Division's Waiting List as specified in R539-2-4.

(2) This rule is authorized by Section 62A-5-103.1

 

R539-9-2. Definitions.

(1) Terms used in this rule are defined in Section 62A-5-101, and

(2) "Supported Employment" means "competitive work" in integrated work settings or employment in "integrated work" settings where individuals are working toward competitive employment, consistent with the strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice of the individuals, for individuals with the most significant disabilities.

(3) "Competitive Work" means employment in the competitive labor market that is performed on a full-time or part-time basis in an integrated setting; and for which an individual is compensated at or above the minimum wage, but not less than the customary wage and level of benefits paid by the employer for the same or similar work performed by individuals who are not disabled.

(4) "Integrated Work" means job sites where most employees are not disabled, where a client interacts on a regular basis, in the performance of job duties, with employees who are not disabled. If a client is part of a distinct work group of only individuals with disabilities, the work group should consist of no more than eight individuals.

(5) "Extended Services" means on-going support services and other appropriate services, needed to support and maintain an individual with a most significant disability in employment. They are provided singly or in combination and are organized and made available in such a way as to assist an eligible individual in maintaining supported employment. Extended services are based on a determination of the needs of an eligible individual. Extended services may include natural supports, such as volunteers, family members, co-workers, employer, supervisors, students, and Plan for Achieving Self Support or Impairment Related Work Expense.

 

R539-9-3. Eligibility.

(1) A Person who meets the eligibility requirements listed in Section 62A-5-103.1 may participate in the state supported employment [pilot] program provided that:

(2) the Person agrees to enter services under the conditions listed in Section 62A-5-103.1,

(3) the Person agrees not to use any other Home and Community Based Medicaid Waiver service operated by the Division while participating in the Supported Employment Pilot, (but may use Service Brokering services, if appropriate),

(4) if the person has a Medicaid Card the person may continue to access State Plan, E-Pass and other Medicaid services operated separately from the Division during participation in the [pilot]program,

(5) the person agrees to move off the immediate needs waiting list for supported employment,

(6) the person is found eligible for Division of Rehabilitation Services, Supported Employment funding,

(7) the person agrees to use an approved provider,

(8) the person signs the State Supported Employment Program[Pilot] Participant Agreement and agrees to follow through with instructions from rehabilitation counselors, services for people with disabilities support coordinators and service brokers and private provider staff,

(9) the person has an Office of Education, Rehabilitation Services, Referral and Services Report form 58 completed, signed by a rehabilitation counselor and a Division representative[support coordinator],

(10) the person agrees that the person's need for extended supported employment services will be met solely by the provision of state supported employment [services for the duration of the pilot] program, and

(11) the person agrees to provide information needed by the person's employer to obtain the tax incentive through 26 U.S. Code 44, Federal Welfare to Work, Internal Revenue Service, IRS Form 8850 or Section 59-7-608 or Credit for Employers Who Hire Persons with Disabilities, Form TC-40HD.

 

R539-9-4. Priority.

(1) First priority will be given to Persons on the waiting list for supported employment services who currently receive Division of Rehabilitation Services funding.

(2) Second priority will be given to Persons on the waiting list for supported employment services and no other services.

(3) Third priority will be given to Persons waiting for supported employment and other services.

 

KEY: disabilities, supported employment program

Date of Enactment or Last Substantive Amendment: [May 22, 2008]2011

Notice of Continuation: August 10, 2011

Authorizing, and Implemented or Interpreted Law: 62A-5-103.1