SECTION 856.71. Availability of Comparable Services and Benefits

(a) If comparable services or benefits exist under any other program and are available to the customer at the time needed to achieve the employment outcome in the customer's individualized plan for employment (IPE), the Vocational Rehabilitation Division (VRD) must use those comparable services or benefits to meet, in whole or in part, the cost of vocational rehabilitation (VR) services.

(b) If comparable services or benefits exist under any other program, but are not available to the customer at the time necessary to satisfy the employment outcome in the consumer's IPE, VRD must provide VR services until those comparable services and benefits become available.

(c) The following services are exempt from determination of the availability of comparable services and benefits:

(1) assessment for determining eligibility and priority for services;

(2) assessment for determining VR needs;

(3) VR 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 (a) of this section also do not apply if such a determination would interrupt or delay:

(1) the progress of the individual toward achieving the employment outcome identified in the IPE;

(2) an immediate job placement; or

(3) the provision of VR services to any individual who is determined to be at extreme medical risk, based on medical evidence provided by an appropriate qualified medical professional.

Source Note: The provisions of this §856.71 adopted to be effective December 10, 2012, 37 TexReg 9651; duplicated effective September 1, 2016, as published in the Texas Register September 2, 2016, 41 TexReg 6773; amended to be effective November 8, 2017, 42 TexReg 6195; amended to be effective December 26, 2022, 47 Texreg 8740