(a) If comparable services or benefits exist under
any other program and are available to the consumer at the time needed
to achieve the rehabilitation objectives in the consumer's IPE, DBS
must use those comparable services or benefits to meet, in whole or
in part, the cost of vocational rehabilitation services.
(b) If comparable services or benefits exist under
any other program, but are not available to the consumer at the time
needed to satisfy the rehabilitation objectives in the consumer's
IPE, DBS must provide vocational rehabilitation services until those
comparable services and benefits become available.
(c) The following services are exempt from a determination
of the availability of comparable services and benefits:
(1) assessment for determining eligibility and priority
for services;
(2) assessment for determining vocational rehabilitation
needs;
(3) vocational rehabilitation counseling, guidance,
and referral services;
(4) placement services;
(5) rehabilitation technology services; and
(6) post-employment services consisting of the services
listed under paragraphs (1) - (5) of this subsection.
(d) The requirements of subsection (b) of this section
also do not apply if:
(1) determining the availability of comparable services
and benefits under any other program would delay the provision of
vocational rehabilitation services to any consumer whom DBS has determined
to be at extreme medical risk, based on medical evidence provided
by an appropriate qualified medical professional; or
(2) an immediate job placement would be lost because
of a delay in the provision of comparable services and benefits.
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