| (a) Some independent living services, as set forth
in §853.11 or this chapter (relating to Scope of Services), may
be subject to customer participation in cost of service as defined
in OIB policy.
(b) OIB staff shall administer the customer participation
system in accordance with the rules in this chapter, the OIB policy
manual, and 34 CFR §367.67(b)(1).
(c) OIB staff shall provide those independent living
services not requiring customer participation in cost of services
as set forth in §853.11 of this chapter at no cost to the customer.
(d) OIB staff shall determine the customer's adjusted
gross income and the percentage of the Federal Poverty Guidelines
at https://aspe.hhs.gov/poverty-guidelines for that income, based
on documentation provided by the customer.
(e) OIB staff is required to apply the Federal Poverty
Guidelines at https://aspe.hhs.gov/poverty-guidelines to determine
customer participation.
(f) The customer or customer's representative shall
sign an ILP acknowledging the customer's contribution for services
and providing written agreement that:
(1) the information provided by the customer or the
customer's representative about the customer's household size, annual
gross income, allowable deductions, and comparable services or benefits
is true and accurate; or
(2) the customer or the customer's representative chooses
not to provide information about the customer's household size, annual
gross income, allowable deductions, and comparable services or benefits.
(g) If the customer or the customer's representative,
as appropriate, chooses not to provide information on the customer's
household size, annual gross income, allowable deductions, and comparable
services or benefits, the customer shall pay the entire cost of applicable
services.
(h) The customer shall report to OIB staff as soon
as possible all changes to household size, annual gross income, allowable
deductions, and comparable services or benefits and sign an amended
ILP.
(i) When the customer amends the ILP, the new customer's
contribution for services takes effect the beginning of the following
month. The new contribution shall not be applied retroactively.
(j) OIB staff shall develop a process to reconsider
and adjust the customer's contribution for services based on circumstances
that are both extraordinary and documented. This may include assessing
the customer's ability to pay the customer's participation amount.
Extraordinary circumstances include:
(1) an increase or decrease in income;
(2) unexpected medical expenses;
(3) unanticipated disability-related expenses;
(4) a change in family size;
(5) catastrophic loss, such as fire, flood, or tornado;
(6) short-term financial hardship, such as a major
repair to the customer's home or personally owned vehicle; or
(7) other extenuating circumstances for which the customer
makes a request and provides supporting documentation.
(k) The customer's contribution for services remains
in effect during the reconsideration and adjustment process.
(l) OIB staff shall:
(1) use program income that is received from the customer
only to provide services outlined in §853.11 of this chapter;
and
(2) report fees collected as program income.
(m) The Agency may not use program income received
from the customer to supplant any other fund sources.
(n) The Agency may not pay any portion of the customer's
contribution.
(o) The customer's ILP and all financial information
collected by OIB staff are subject to subpoena.
|
