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Vocational Rehabilitation Services

Personal Assistance Services

Summary
The Personal Assistance Services policy outlines the parameters for the provision of personal assistance 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
7/1/2018

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

Policy

Personal Assistance Services (PAS) 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 individual’s strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.

Vocational Rehabilitation Services will pay for PAS, and training to manage, supervise or direct PAS, only while the individual is receiving other vocational rehabilitation services necessary to the achievement of an employment outcome.

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 individual 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 person toward achieving an employment outcome, the agency must provide services until those comparable benefits become available.

The agency 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.

A personal care assistant must meet the requirements established by the Minnesota Department of Human Services. Vocational Rehabilitation Services must provide eligible individual with training in managing, directing and supervising Personal Assistance Services when the person and a rehabilitation counselor jointly determine that training is necessary.

Agency payments for PAS must be made at the lesser of the provider's submitted charges or the maximum rate established by DHS as the rate for home health care.

Vocational Rehabilitation Services must not provide PAS if the provision of the services would result in a reduction in benefits or services from other government or private programs.

After an eligible individual is hired for a job that meets the eligible person’s employment goal, the agency must not provide personal assistance services for a period exceeding 90 consecutive calendar days from the eligible individual's first day of competitive integrated employment.

Consumer Financial Participation (CFP) does not apply to Personal Assistance Services, including training in managing, directing and supervising Personal Assistance Services.

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 Personal Assistance Services policies may be requested from the Director of Vocational Rehabilitation Services or a designee when there are unique rehabilitation needs that cannot be met.

Related Links
Minnesota Department of Human Services (DHS)

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