SECTION 106.607. Comparable Services and Benefits

(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.

Source Note: The provisions of this §106.607 adopted to be effective December 10, 2012, 37 TexReg 9644