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CHAPTER IV-SOCIAL AND REHABILITATION
SERVICE (REHABILITATION PROGRAMS),
AND WELFARE 1
Part 401 402 403 404 405 406 407 408 409 416
The State vocational rehabilitation program.
State agency facility staff.
Subpart BState Plans for Vocational
Rehabilitation Services STATE PLAN CONTENT: ADMINISTRATION 401.2 The State plan: general require
under construction contracts. Funds made available to private
nonprofit agencies for establishment or construction of rehabilitation facilities.
STATE PLAN CONTENT: CASEWORK PRACTICE
ments. 401.3 Approval of State plans and amend
ments. 401.4 Withholding of funds. 401.5 State agency for administration. 401.6 Organization for administration. 401.7 State administrator. 401.8 Local administration. 401.9 Shared funding and administration
of joint projects. 401.10 Waiver of Statewideness. 401.11 Cooperative programs utilizing
third-party funds for vocational
rehabilitation services. 401.12 Standards of personnel adminis
tions. Order of selection for services. Participation by handicapped in
dividuals in the costs of Vocational rehabilitation services.
132 F.R. 20811, Dec. 27, 1967.
401.45 401.46 401.47 401.48 401.49 401.50 401.51 401.52
Administrative review of agency
Scope of agency program.
nel. Rates of payment. Evaluation, including diagnostic
and related services. Counseling and guidance. Physical restoration services. Training. Maintenance. Placement. Follow-up services. Transportation. Special services for the blind and
deaf. Services to family members. Recruitment and training services
for new employment opportu
nities. Tools, equipment, initial stocks and
supplies, occupational licenses. Other goods and services. Small business enterprises for the
severely handicapped. Establishment of rehabilitation fa
cilities. Construction of rehabilitation fa
cilities. Facilities and services for groups
of handicapped individuals. Services to civil employees of the
United States. Authorization of services.
Sec. 401.86 Payments from allotments. 401.87 Method of computing and making
payments. 401.88 Effect of payments. 401.89 Refunds. 401.90 Determining to which fiscal year an
expenditure is chargeable. Subpart D-Payment of Costs of Vocational Re
habilitation Services to Disability Beneficiaries
from the Social Security Trust Funds 401.110 General. 401.111 Purposes and objectives. 401.112 Applicability of other regulations. 401.113 Definitions. 401.114 State plan requirements. 401.115 Cost of services.-conditions and
limitations. 401.116 Payments of trust funds. 401.117 Budgets. 401.118 Reports. Subpart Grants to States for Innovation of
Vocational Rehabilitation Services 401.130 Purpose. 401.131 Application procedure. 401.132 Application content. 401.133 Project activities. 401.134 Allotment of Federal funds for in
novation projects. 401.135 Payments from allotments. 401.136 Continuation grants for innovation
projects; reports. 401.137 Project amendments. 401.138 Methods of computing and making
payments. AUTHORITY: The provisions of this part 401 issued under secs. 205, 1102, 7, 222, 49 Stat. 624, 647, 68 Stat. 658, 79 Stat. 408; 42 U.S.C. 405, 1302, 29 U.S.C. 37, 42 U.S.C. 422. Interpret and apply secs. 1-12, 41 Stat. 735, as amended; 29 U.S.C. 31–42.
SOURCE: The provisions of this Part 401 appear at 34 F.R. 16802, Oct. 17, 1969, unless otherwise noted.
Subpart A-Definitions $ 401.1 Terms.
Unless otherwise indicated in the regulation in this part, the terms below are defined as follows:
(a) “Act” means the Vocational Rehabilitation Act, as amended (29 U.S.C. ch. 4).
(b) “Administrator" means the Administrator of the Social and Rehabilitation Service in the Department of Health, Education, and Welfare.
(c) "Blind" means persons who are blind within the meaning of the law relating to vocational rehabilitation in each State.
Subpart C- Financing of State Vocational
Effect of State rules.
individuals. Small business enterprises for the
severely handicapped. Establishment of rehabilitation fa
cilities. Construction of rehabilitation fa
cilities. Facilities and services for groups of
handicapped individuals. Administration. Purchase of goods, facilities, or
services from other agencies of the
of joint projects.
Allotment of Federal funds for Vo
cational rehabilitation services.
(d) “Construction of a rehabilitation tional rehabilitation services (paragraph facility” means (1) the construction of (z) (2) of this section) are necessary for new buildings, the acquisition of exist- the purpose of extended evaluation to ing buildings, or the expansion of exist- determine rehabilitation potential. ing buildings, which are to be utilized for (j) "Local rehabilitation agency” rehabilitation facility purposes; (2) the means the public agency of a political acquisition of initial equipment of such subdivision of a State which has sole new, newly acquired, or newly expanded responsibility for administering the buildings; or (3) the initial staffing of vocational rehabilitation program in the such a rehabilitation facility for a period locality, under the supervision of the not to exceed 4 years and 3 months. State agency.
(e) “Eligible” or “eligibility,” when (k) "Maintenance" means payments used in relation to an individual's quali- to cover the handicapped individual's fication for vocational rehabilitation basic living expenses, such as food, services, refers to a certification that (1) shelter, clothing, health maintenance, a physical or mental disability is pres- and other subsistence expenses essential ent; (2) a substantial handicap to em- to determination of the individual's reployment exists; and (3) vocational re- habilitation potential or to achievement habilitation services may reasonably be of his vocational rehabilitation objective. expected to render the individual fit to
(1) "Management services and superengage in a gainful occupation.
vision” for small business enterprises in(f) “Establishment of a rehabilita- cludes inspection, quality control, contion facility” means (1) the expansion, sultation, accounting, regulating, inremodeling, or alteration of existing service training, and other related buildings, necessary to adapt or to in- services provided on a systematic basis crease the effectiveness of such buildings to support and improve small business for rehabilitation facility purposes; (2) enterprises operated by blind or other the acquisition of initial equipment for severely handicapped persons under a such purposes; or (3) the initial staffing State agency's small business enterprise of a rehabilitation facility, for a period program. “Management services and not to exceed 4 years and 3 months. supervision” does not include those sery
(g) "Family members” or “members ices or costs which pertain to the opof the family" means any relative by eration of the individual business enterblood or marriage of a handicapped in- prise, such as employment of substitute dividual and other individuals living in workers, rent, advertising and other opthe same household with whom the erating costs. handicapped individual has a close (m) “Nonprofit,” when used with reinterpersonal relationship.
spect to a rehabilitation facility means (h) “Gainful occupation" includes a rehabilitation facility which is owned employment in the competitive labor and operated by a corporation or assomarket; practice of a profession; self- ciation, no part of the net earnings of employment; homemaking; farm or which inures, or may lawfully inure, to family work (including work for which the benefit of any private shareholder or payment is in kind rather than in cash); individual, and the income of which is sheltered employment; and home in- exempt from taxation under section dustries or other gainful homebound 501(c)(3) of the Internal Revenue Code work.
of 1954. (i) (1) "Handicapped individual” (n) "Occupational license" means any means any individual who has a physical license, permit, or other written authority or mental disability and a substantial required by a State, city, or other govhandicap to employment, which is of ernmental unit to be obtained in order such a nature that vocational rehabilita- to enter an occupation. tion services (paragraph (z) (1) of this (0) "Physical or mental disability" section) may reasonably be expected to means a physical or mental condition render him fit to engage in a gainful which materially limits, contributes to occupation, including a gainful occupa- limiting or, if not corrected, will probtion which is more consistent with his ably result in limiting an individual's capacities and abilities.
activities or functioning. It includes be(2) "Handicapped individual” also havioral disorders characterized by a means any individual who has a physical pattern of deviant social behavior or or mental disability and a substantial impaired ability to carry out normal rehandicap to employment for whom voca- lationships with family and community which may result from vocational, educa- and work adjustment; (9) vocational tional, cultural, social, environmental, or training (in combination with other reother factors.
habilitation services); (10) evaluation or (p) "Physical restoration services" control of special disabilities; and (11) means those services which are neces- transitional or long-term employment sary to correct or substantially modify for the severely handicapped who cannot within a reasonable period of time a be readily absorbed in the competitive physical or mental condition which is labor market: Provided, That all medical stable or slowly progressive, and in- and related health services must be precludes: (1) Medical or surgical treat- scribed by, or under the formal superment by general practitioners or medical vision of, persons licensed to practice specialists; (2) psychiatric treatment; medicine or surgery in the State. (3) dentistry; (4) nursing sevices; (5) (s) "Secretary” means the Secretary hospitalization (either inpatient or out- of Health, Education, and Welfare. patient care) and clinic services; (6) (t) "Small business enterprise” means convalescent, nursing or rest home care; a small business operated by blind or (7) drugs and supplies; (8) prosthetic other severely handicapped persons undevices and orthotic devices essential to der the management and supervision of obtaining or retaining employment; (9) the State agency or its nominee. Such eye glasses and visual services, as pre- businesses include only ose selling, scribed by a physician skilled in the dis- manufacturing processing, servicing, eases of the eye or by an optometrist; agricultural, and other activities which (10) physical therapy; (11) occupational are suitable and practical for the most therapy; (12) speech or hearing therapy; effective utilization of the skills and apti(13) psychological services; (14) treat- tutes of blind or other severely handiment of medical complications and capped persons and provide substantial emergencies, either acute or chronic, gainful employment or self-employment which are associated with or arise out of commensurate with the time devoted by the provision of physical restoration sery- the operator or operators to the business, ices, or are inherent in the condition the cost of establishing the business and under treatment; and (15) other medical other factors of an economic nature. or medically related rehabilitation sery- (u) “State” means the several States, ices. The provision that the condition the District of Columbia, the Virgin is stable or slowly progressive does not Islands, Puerto Rico, and Guam. apply when physical restoration services (v) “State agency” or “State vocaare provided under extended evaluation tional rehabilitation agency” means the in order to determine the rehabilitation sole State agency designated to adminpotential.
ister (or supervise local administration (q) "Regional Commissioner" means of) the State plan for vocational rethe Regional Commissioner of the Social habilitation services. The term includes and Rehabilitation Service.
the State agency for the blind, if desig(r) “Rehabilitation facility” means a
nated as the sole State agency with refacility which is operated for the primary
spect to that part of the plan relating purpose of providing vocational rehabili- to the vocational rehabilitation of the tation services to or gainful employment blind. for handicapped individuals, or for pro
(w) "State plan” means the State viding evaluation and work adjustment plan for vocational rehabilitation services for disadvantaged individuals services. under Part 402 of this chapter, and which (x) "Substantial handicap to employprovides singly or in combination one or ment” means that a physical or mental more of the following services for handi- disability (in the light of attendant medcapped individuals: (1) Comprehensive ical, psychological, vocational, educarehabilitation services which include, un- tional, cultural, social, or environmental der one management, medical, psycho
factors) impedes an individual's occupalogical, social, and vocational services; tion performance, by preventing his ob(2) testing, fitting, or training in the use
taining, retaining, or preparing for a of prosthetic and orthotic devices; (3) gainful occupation consistent with his prevocational conditioning or recrea
capacities and abilities. tional therapy; (4) physical and occupa
(y) “Visual services” means visual tional therapy; (5) speech and hearing
training, and the examination and serytherapy; (6) psychological and social ices necessary for the prescription and services; (7) evaluation; (8) personal
provision of eyeglasses, contact lenses,