117 REASONS FOR CLOSURE OF THE RECORD OF SERVICES

117.1 The Rehabilitation Services Administration shall close a client's record of services after the client:

1. (a) Maintains a successful employment outcome for a period of ninety (90) days or more in accordance with § 116.1;
2. (b) Indicates in writing that he or she no longer wishes to participate in the rehabilitation program;
3. (c) Fails to comply with the vocational rehabilitation process, required assessments or with provisions agreed to in the Individualized Plan for Employment (IPE) or Independent Living Plan (ILP) and is not working with the Rehabilitation Services Administration to remedy any problems or develop a new IPE or ILP;
4. (d) Fails to respond to a notice of the Rehabilitation Services Administration's intent to close the client's case;
5. (e) Ceases to meet the eligibility criteria for participation in the rehabilitation program in accordance with § 103;
6. (f) Is determined to be incapable of achieving an employment outcome as defined in § 199, because of the severity of the individual's disability in accordance with § 103.13;
7. (g) Ceases to be present in the District of Columbia or cannot be located or contacted;
8. (h) Is determined to have an open vocational rehabilitation case in another state or United States territory;
9. (i) Is institutionalized for ninety days or more or is unavailable for services;
10. (j) Is determined not to have an impediment to employment or not to have a need for independent living;
11. (k) Is unable to accept or maintain employment because suitable transportation was either not feasible or not available;
12. (l) Is determined not to need vocational rehabilitation services to prepare for, enter into, engage in, or retain gainful employment consistent with their strengths, resources, priorities, concerns, abilities, capability-ties and informed choice in accordance with section § 103;
13. (m) Is unable to access a source of extended services;
14. (n) Is placed in extended employment as defined in § 199;
15. (o) Transfers to another Agency that can provide needed services more effectively;
16. (p) Is determined to have no disabling condition; or
17. (q) Dies.

117.2 Before closing an individual's record of service based on a determination that the individual is incapable of achieving an employment outcome due to the severity of the disability, the

Rehabilitation Services Administration shall give the individual an opportunity to participate in a trial work experience with appropriate supports, or if a trial work experience is not available, the Rehabilitation Services Administration shall perform an extended evaluation to determine if the individual is capable of benefiting from vocational rehabilitation services to achieve an employment outcome, in accordance with § 103.14.

117.3 Before closing an individual's record of service, the Rehabilitation Services Administration shall:- (a) Give the eligible individual thirty (30) days written notice of the proposed closure that includes a request that the individual verify receipt of the notice;

- (b) Provide an opportunity for consultation with the individual or, as appropriate, the individual and the individual's representative; and

- (c) Record in the client's record of services the responses or views of the eligible individual and, as appropriate, the individual's representative, or the client's failure to respond to the thirty (30) days notice of closure and opportunity for consultation.117.4 When closing a record of services, the Rehabilitation Services Administration shall provide the applicant or eligible individual or, as appropriate, the individual and the individual's representative an advance written notice that includes the following and requests that the individual verify receipt of the notice:- (a) The reasons for the decision to close the record;

- (b) The individual's appeal rights and the means by which the individual may express and seek remedy for any concerns regarding the record closure, including the opportunity for an administrative review, mediation or an administrative hearing; and

- (c) The Client Assistance Program's role in client representation.117.5 If the Rehabilitation Services Administration closes a record of services based on a determination that an individual is ineligible for services, the Rehabilitation Services Administration shall refer the individual to other agencies and programs, including, when appropriate, the independent living services program, pursuant to § 104.117.6 If the Rehabilitation Services Administration closes a record of services based on a determination that the individual is incapable of achieving an employment outcome because of the severity of the individual's disability, the Rehabilitation Services Administration shall review the decision within twelve (12) months, after giving the individual, or as appropriate, the individual's representative written notice of and the opportunity to participate in the review, unless one of the following applies:- (a) The individual refuses the review;

- (b) The individual is no longer present in the District of Columbia or cannot be located or contacted; or

- (c) The individual has a medical condition which is rapidly progressive or terminal.117.7 The Rehabilitation Services Administration shall not close an applicant's record before completing the eligibility determination process, unless:- (a) The applicant declines to participate in, or is unavailable to complete the eligibility assessment process pursuant to § 109;

(b) The applicant fails to complete the assessment process for determining eligibility and priority for services, and existing information is insufficient to facilitate an eligibility determination; or

(c) The applicant notifies the Rehabilitation Services Administration that he or she is no longer present in the District of Columbia or has moved to another jurisdiction.

117.8 The Rehabilitation Services Administration shall consider an individual rehabilitated when either:

(a) The individual has met all of the goals stated in the ILP; or

(b) The individual achieved the employment outcome that is described in the IPE; and

(c) The individual maintained the employment outcome for at least ninety (90) days, and agreed with the rehabilitation counselor at the end of that ninety (90) days that:

(1) The individual's employment was satisfactory;

(2) The individual was performing satisfactorily on the job;

(3) The individual planned to continue the employment; and

(4) The individual has been informed of the availability of post employment services.

117.9 After the Rehabilitation Services Administration determines that an individual has been rehabilitated, the Rehabilitation Services Administration shall close the individual's record of services.

117.10 The Rehabilitation Services Administration shall provide post-employment services as defined in § 199, after the Rehabilitation Services Administration has closed the record of services, if they are necessary to assist the individual in maintaining, regaining, or advancing in employment.

117.11 The Rehabilitation Services Administration shall review and reevaluate annually for a minimum of two (2) years and subsequently at the request of the individual, or, if appropriate, the individual's representative, the status of each individual placed in extended employment in a community rehabilitation program or in supported employment who is not earning the minimum wage to determine the interests, priorities and needs of the individual with respect to competitive employment or training for competitive employment.

117.12 If the Rehabilitation Services Administration conducts a review pursuant to § 117.11, the individual or, if appropriate, the individual's representative, shall provide input into the review and sign an acknowledgment that the review and reevaluation have taken place.

117.13 Following a review and reevaluation under § 117.11, and a determination that the individual can achieve an employment outcome, the individual's record of services shall be reopened, and the IPE amended to reflect the individual's current rehabilitation program.

SOURCE: Final Rulemaking published at 50 DCR 6189 (August 1, 2003); as amended by Final Rulemaking published at 54 DCR 6020 (June 22, 2007).