Rehabilitation of persons with disabilities - vocational rehabilitation services - rules

8-84-106. Rehabilitation of persons with disabilities - vocational rehabilitation services - rules. (1) Except as otherwise provided by law, the department shall provide rehabilitation services to persons with disabilities who the department determines are eligible for the services. (2) The department shall: (a) Cooperate with other departments, agencies, and institutions, both public and private, in: (I) Providing the services authorized by this article to persons with disabilities; (II) Studying the problems involved in providing the services; and (III) Establishing, developing, and providing, in conformity with the purposes of this article, programs, facilities, and services that are necessary; (b) Enter into collaborative agreements with other states, in accordance with applicable federal law and regulations, to provide services authorized by this article; (c) Repealed. (d) Operate through contract and supervise the operation of vending stands and other small businesses, established pursuant to this article and in accordance with the requirements of the federal government for the receipt of federal funds, to be conducted by individuals with severe disabilities, particularly the blind; (e) Repealed. (f) Provide home teaching of and teachers for the adult blind; and (g) Provide medical, diagnostic, physical restoration, training, and other rehabilitation services as needed to enable persons with disabilities to attain the maximum degree of self-sufficiency. (3) (a) The department shall provide vocational rehabilitation services directly or through public or private instrumentalities to or for the benefit of an applicant or eligible person with a disability. (b) The department shall: (I) Complete a comprehensive assessment and work with the person with a disability to develop an employment outcome or goal based on the person's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice; (II) Authorize those services that are appropriate and necessary to address the rehabilitation needs of the person with a disability, based on their documented disabilities and impairments, so that they might achieve their employment outcome or goal; (III) Give preference to cost-effective services provided in the state of Colorado, but the department may authorize payment for out-of-state services on a case-by-case basis. The department shall not pay for any services provided outside the United States. (III.5) (A) Promulgate rules in conjunction with the state medical services board, no later than July 1, 2019, requiring all vendors of supported employment services, including supported employment professionals who provide individual competitive integrated employment outcomes, and excluding those professionals exclusively providing group or other congregate services, to obtain a nationally recognized supported employment training certificate or nationally recognized supported employment certification. The department's rules must include time frames for compliance with the training or certification requirement for existing staff and for newly hired staff and requirements for supervision of newly hired staff until the staff member has completed the training or certification. The time frames established in the department's rules must provide for training to be completed over a five-year period, subject to the availability of appropriations for reimbursement of vendors pursuant to subsection (3)(b)(III.5)(B) of this section. (B) The training or certification requirement in subsection (3)(b)(III.5)(A) of this section is contingent upon appropriations to the department of health care policy and financing for reimbursement to vendors of supported employment services for the cost of training and certification pursuant to section 25.5-10-204. (IV) Establish a fee schedule for goods and services that is designed to ensure reasonable cost to the program. The fee schedule established by the department must include the discovery process, as defined in section 8-84-301, as an alternative assessment pursuant to subsection (3)(b)(I) of this section. (V) Limit payment for services to Colorado in-state tuition or the equivalent for all education and vocational schooling; except that, if the department finds, through its comprehensive assessment, that the person with a disability needs specialized education outside of Colorado to address their barriers to employment, the department may authorize payment for out-of-state tuition on a case-by-case basis; (VI) Establish reasonable time frames within each employment plan for individuals to attain the established employment outcomes or goals; (VII) Close the record of services in a timely manner and in accordance with federal guidelines for a person with a disability who has achieved their employment outcomes or goals; and (VIII) Establish a review process to allow for exceptions to the requirements of subparagraphs (I) to (VII) of this paragraph (b) in unique cases, in accordance with federal regulations. (c) (I) Except as provided in subsection (3)(c)(II) of this section, the department shall provide goods or services to a person with a disability without consideration of financial need. (II) The department may determine it is necessary to consider financial need prior to the provision of vocational rehabilitation services during a period of cost containment to prevent or manage a wait list for services due to insufficient financial resources. The department shall ensure financial need testing complies with federal law. The department shall engage persons with disabilities, community partners, and members of the public prior to implementing a financial need test. If a financial need test is implemented, the department shall provide the following services at public cost without consideration of financial need: (A) Diagnostic and related assessments, including transportation necessary to obtain the assessment, that are required to determine eligibility for services and the nature and scope of the services to be provided; (B) Vocational rehabilitation counseling and guidance; (C) Referral; (D) Personal assistance services; (E) Auxiliary aids or services, including interpreter and reader services; (F) Job search and placement assistance; (G) Job-related services; (H) Disability-related skills training, including training in the use of rehabilitation technology; (I) Pre-employment transition services; and (J) Services identified as exempt from financial participation in department rules. (d) (I) (A) (Deleted by amendment, L. 2025.) (B) If the person with a disability has been determined eligible for social security benefits under Title II or XVI of the federal Social Security Act, 42 U.S.C. sec. 401 et seq., or 42 U.S.C. sec. 1381 et seq., as amended, they are not required to further contribute to the costs of any services provided. (II) (Deleted by amendment, L. 2025.) (4) To the extent that the department determines that any goods or services received by the person with a disability were acquired through misrepresentation, fraud, collusion, or criminal conduct, payment for those goods and services may be recovered by the department from the person with a disability. Source: L. 2015: Entire article added with relocations, (SB 15-239), ch. 160, p. 480, � 2, effective July 1, 2016. L. 2016: (2)(b), (2)(g), (3)(a), (3)(b)(VIII), and (3)(c)(II) amended and (2)(c) and (2)(e) repealed, (SB 16-182), ch. 255, p. 1049, � 4, effective July 1; IP(3)(b), (3)(b)(III), (3)(b)(V), (3)(d)(I), and (4) amended, (SB 16-189), ch. 210, p. 755, � 11, effective July 1. L. 2018: (3)(b)(III.5) added and (3)(b)(IV) amended, (SB 18-145), ch. 215, p. 1369, � 2, effective August 8. L. 2022: (3)(c)(II)(F), (3)(c)(II)(G), and (3)(d) amended and (3)(c)(II)(H) to (3)(c)(II)(J) added, (SB 22-217), ch. 378, p. 2686, � 12, effective August 10. L. 2025: (3)(a), (3)(b)(II), (3)(b)(V), (3)(b)(VII), (3)(c)(I), IP(3)(c)(II), and (3)(d) amended, (HB 25-1018), ch. 88, p. 366, � 1, effective August 6. Editor's note: (1) Section 26-8-105 (3)(a), (3)(h), (4), and (5), and the amendments to them by House Bill 15-1188, were further amended by Senate Bill 15-239 and relocated to subsections (2), (3), and (4) of this section, effective July 1, 2016. (2) The provisions of this section are similar to several former provisions of � 26-8-105 as they existed prior to 2016. For a detailed comparison, see the comparative tables located in the back of the index. Cross references: (1) For Title II of the federal Social Security Act, see 42 U.S.C. � 401 et seq.; for Title XVI of the federal Social Security Act, see 42 U.S.C. � 1381 et seq. (2) For the legislative declaration in SB 18-145, see section 1 of chapter 215, Session Laws of Colorado 2018.