10.1 Comparable Services and Benefits

Comparable services and benefits are provided or paid for, in whole or in part, by other federal, state, or local public agencies, by health insurance, or by employee benefits. They are available to the individual at the time needed to ensure progress toward achieving the employment outcome identified in the Individualized Plan for Employment (IPE) and are commensurate with the services that the individual would otherwise receive from DVR. Awards and scholarships based on merit are not considered comparable services and benefits. Except when exempted, comparable services and benefits shall be explored and utilized to meet all or part of the cost of any vocational rehabilitation service, including auxiliary aids and services provided as an accommodation to access vocational rehabilitation. The following services and goods are exempt from a comparable services and benefits search:

● Assessment services to determine eligibility and vocational rehabilitation needs.

● Vocational rehabilitation counseling and guidance, including information and support services to assist the individual in exercising informed choice.

● Referral and other services to secure needed services from other agencies.

● Job related services, including job search and placement assistance, job retention services, follow up services and follow along services.

● Rehabilitation technology services and goods.

The search for comparable services and benefits is the responsibility of the DVR counseling team and can involve the individual and other DVR staff. The DVR counseling team shall document the search and the availability of comparable benefits and services prior to the expenditure of DVR funds for any good or service that is not exempt.

Although a search is not required for an exempt service or good, comparable benefits may be identified as long as this does not delay services or otherwise negatively impact the individual’s vocational rehabilitation program.

The search for comparable benefits and services shall occur in compliance with agency-established timeframes and shall not extend the 60 days permitted for eligibility determination or the 90 days permitted for IPE development.

Throughout the rehabilitation process, the DVR Counselor shall collaborate with the individual accessing rehabilitation services to seek, apply for, and accept comparable services and benefits that appropriately meet service needs. The DVR counseling team shall advise the individual of their responsibility to make maximum effort toward securing comparable benefits as soon as possible in the IPE development process to ensure that comparable benefits will be available at the time services are initiated.

If the search identifies a comparable service or benefit for a service that is non-exempt, but the comparable benefit is not available at the time needed by the individual, DVR shall pay for the service or good until the comparable service or benefit becomes available. If DVR pays for a good or service because a comparable benefit is unavailable at the time of service delivery, the DVR Counselor shall create timeframes within the IPE specifying the period of time DVR will pay for the services and when the comparable benefit is expected to become available. The DVR Counselor shall conduct a review for the comparable service or benefit as soon as possible, but no later than at the time of IPE amendment, IPE annual review, or when the Financial Need Analysis (FNA) is reviewed. As soon as the comparable benefit or service becomes available to the individual, DVR shall cease to pay for the benefit or service.

It is not necessary to determine if comparable services and benefits are available prior to initiating a non-exempt service or good, if such a search would interrupt or delay the provision of services necessary to meet an urgent vocational rehabilitation need. Urgent vocational need occurs when:

● The individual is determined to be at extreme medical risk by an appropriately licensed medical professional.

● The conduct of a comparable services and benefits search jeopardizes an immediate job placement.

● The conduct of a comparable services and benefits search after the initiation of an IPE would delay or interrupt the individual's progress in achieving their employment outcome.

When the IPE is initiated under any of these circumstances to meet the urgent vocational need, a subsequent comparable services and benefits search shall be conducted as soon as possible. The service record shall document the conduct and outcome of the search and the IPE shall be amended to reflect the use of comparable services and benefits if they are secured.

In the event an applicant or eligible individual chooses not to apply for or accept an available comparable benefit or service that would appropriately address the individual’s identified rehabilitation needs, the DVR Counselor shall inform the individual that they are responsible for the cost of the benefit or service. When the comparable service or good is available for only a portion of a necessary benefit or service, the individual shall be responsible for any cost in excess of what DVR would pay if the comparable benefit or service were utilized.