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Vocational Rehabilitation Services

Physical and Mental Restoration

Summary
The Physical and Mental Restoration policy outlines the parameters for the provision of physical and mental restoration services to Vocational Rehabilitation Services consumers.

Relevant Laws, Rules, or Policies
Code of Federal Regulations, Title 34
Minnesota Administrative Rules, Chapter 3300
The Rehabilitation Act

Effective Date
9/1/1993

Last Updated
6/30/2023

Contact
Heather Farmer, Heather.Farmer@state.mn.us
Tel   612.414.9668
Fax  651.297.5159

Policy

Physical and mental restoration services must be provided only when necessary for an individual with a disability to prepare for, secure, retain, advance in or regain competitive integrated employment that is consistent with the person’s strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice. Vocational Rehabilitation Services will pay for acute needs, not chronic, that are time-limited, not ongoing, when necessary to achieve a vocational goal. Vocational Rehabilitation Services must not pay for recurring, ongoing physical or mental restoration services that an eligible individual would require regardless of participation in an Employment Plan, such as group or individual psychotherapy, prescription drugs, or physical therapy. Corrective surgery or therapeutic treatment may be provided only if it is likely to correct or substantially modify, within a reasonable period of time, a stable or slowly progressive physical or mental impairment that is a substantial impediment to competitive integrated employment. Services to diagnose and treat mental or emotional disabilities may be provided only if those services are provided by qualified personnel in accordance with applicable state licensure, registration or certification requirements.

There must be a search for comparable benefits unless the search would unreasonably interrupt or delay:

  • The progress of an eligible individual toward achieving the employment outcome identified in the Employment Plan, or

  • An immediate job placement.

  • The provision of vocational rehabilitation services to any person who is determined to be at extreme medical risk, based on medical evidence provided by an appropriate qualified medical professional.

A comparable benefits search is not required for assessment activity.

If it is known that comparable benefits exist but are not available at the time needed to ensure the timely progress of the individual toward achieving an employment outcome, the agency must provide services until those comparable benefits become available.

Vocational Rehabilitation Services must not purchase a service when the person refuses or fails to make formal application for a comparable benefit to pay all or part of the cost of the service, or when the individual refuses to accept a comparable benefit that is available to the person.

Before receiving physical and mental restoration services or durable medical equipment, an individual must file a claim or application with the individual's health insurer, if any. If the person has no health insurance, or if the restoration services or durable medical equipment provided are not covered by the individual's health insurance, the individual must apply to a local human services agency for medical assistance, if Vocational Rehabilitation Services determines that it is likely that the person may be eligible for medical assistance. The record of service must document any insurance claim approval or denial.

Consumer financial participation (CFP) applies unless physical and mental restoration services are required for assessment.

Individuals may select:

  • Any licensed physician to perform medical restoration services;

  • Any licensed dentist to perform dental restoration services;

  • Any qualified professional to provide mental health services, for example, a licensed clinical social worker, licensed psychologist, registered psychiatric nurse, or traditional American Indian healer; and

  • For the provision of prosthetics and orthotics any:

    • Practitioner of prosthetics or orthotics who is certified by the American Board for Certification (ABC) in Orthotics and Prosthetics or the Board for Orthotist/Prosthetist Certification (BOC); or a graduate of a program accredited by the National Commission on Orthotic and Prosthetic Education (NCOPE) and the Commissioner on Accreditation of Allied Health Education Programs (CAAHEP) who is working under the supervision of a certified practitioner;
    • Physical therapist licensed by the Minnesota State Board of Physical Therapy or the equivalent body in another state;

    • Occupational therapist licensed by the Minnesota Department of Health or the equivalent body in another state;

    • Podiatrist licensed by the Minnesota Board of Podiatric Medicine or the equivalent body in another state.

Through appropriate modes of communication, each applicant and recipient of VR services must be given the information necessary to make informed choices. Individuals who need assistance in exercising informed choice must be made aware that support services are available.

As appropriate, services can be obtained from either an in-state or out-of-state provider. If a person chooses an out-of-state provider at a higher cost than an in-state provider, if either provider would meet the individual’s rehabilitation needs, Vocational Rehabilitation Services is not responsible for those costs in excess of the cost of the in-state service.

Exceptions to the Physical and Mental Restoration policies may be requested from the Director of Vocational Rehabilitation Services or a designee when there are unique rehabilitation needs that cannot be met.

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Effective July 1, 2023, all Consumer Financial Participation (CFP) Policies are temporarily rescinded until further notice. The strikethrough in the text above is intentional due to the temporary nature of the CFP Policy lift.


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