HB 7135

1	A bill to be entitled
2	An act relating to vocational rehabilitation programs;
3	amending s. 413.20, F.S.; redefining and deleting terms;
4	replacing an obsolete term; repealing s. 413.206, F.S.,
5	relating to a 5-year plan for the Division of Vocational
6	Rehabilitation within the Department of Education;
7	amending s. 413.30, F.S.; revising provisions relating to
8	eligibility for vocational rehabilitation services;
9	providing for an individualized plan for employment;
10	requiring the division to conduct trial work experiences
11	before determining that an individual is incapable of
12	benefiting from services; requiring the division to refer
13	an individual to other programs if the division determines
14	that the individual is ineligible for services; requiring
15	the division to serve those having the most significant
16	disabilities first under specified circumstances;
17	replacing an obsolete term; conforming provisions to
18	changes made by the act; amending s. 413.341, F.S.;
19	allowing confidential records to be released for research,
20	evaluation, or audit purposes; amending ss. 413.371,
21	413.39, 413.393, and 413.40, F.S.; replacing an obsolete
22	term; repealing ss. 413.70 and 413.72, F.S., relating to
23	the limiting disabilities program; repealing s. 413.73,
24	F.S., relating to the disability assistance program;
25	providing an effective date.
26
27	Be It Enacted by the Legislature of the State of Florida:
28
29	Section 1.  Subsections (12) through (33) of section
30	413.20, Florida Statutes, are amended to read:
31	413.20  Definitions.--As used in this part, the term:
32	(12)  "Independent living services" means any appropriate
33	rehabilitation service that will enhance the ability of a person
34	who has a significant severe disability to live independently,
35	to function within her or his family and community and, if
36	appropriate, to secure and maintain employment. Services may
37	include, but are not limited to, psychological counseling and
38	psychotherapeutic counseling; independent living care services;
39	community education and related services; housing assistance;
40	physical and mental restoration; personal attendant care;
41	transportation; personal assistance services; interpretive
42	services for persons who are deaf; recreational activities;
43	services to family members of persons who have significant
44	severe disabilities; vocational and other training services;
45	telecommunications services; sensory and other technological
46	aids and devices; appropriate preventive services to decrease
47	the needs of persons assisted under the program; and other
48	rehabilitation services appropriate for the independent living
49	needs of a person who has a significant severe disability.
50	(13)  "Limiting disability" means a physical condition that
51	constitutes, contributes to, or, if not corrected, will result
52	in an impairment of one or more activities of daily living but
53	does not result in an individual qualifying as a person who has
54	a disability.
55	(13)(14)  "Occupational license" means any license, permit,
56	or other written authority required by any governmental unit to
57	be obtained in order to engage in an occupation.
58	(14)(15)  "Ongoing support services" means services
59	provided at a twice-monthly minimum to persons who have a most
60	significant disability, to:
61	(a)  Make an assessment regarding the employment situation
62	at the worksite of each individual in supported employment or,
63	under special circumstances at the request of the individual,
64	offsite.
65	(b)  Based upon the assessment, provide for the
66	coordination or provision of specific intensive services, at or
67	away from the worksite, which that are needed to maintain the
68	individual's employment stability.
69
70	The ongoing support services may consist of, but are not limited
71	to, the provision of skilled job trainers who accompany the
72	individual for intensive job-skill training at the worksite, job
73	development and placement, social skills training, followup
74	services, and facilitation of natural supports at the worksite.
75	(15)(16)  "Person who has a disability" means an individual
76	who has a physical or mental impairment that, for the
77	individual, constitutes or results in a substantial impediment
78	to employment and who can therefore benefit in terms of an
79	employment outcome from vocational rehabilitation services. The
80	term encompasses the terms "person who has a significant
81	disability" and "person who has a most significant disability."
82	(16)(17)  "Person who has a significant disability" means
83	an individual who has a disability that is a severe physical or
84	mental impairment that seriously limits one or more functional
85	capacities, such as mobility, communication, self-care, self-
86	direction, interpersonal skills, work tolerance, or work skills,
87	in terms of an employment outcome; whose vocational
88	rehabilitation may be expected to require multiple vocational
89	rehabilitation services over an extended period of time; and who
90	has one or more physical or mental disabilities resulting from
91	amputation, arthritis, autism, blindness, burn injury, cancer,
92	cerebral palsy, cystic fibrosis, deafness, head injury, heart
93	disease, hemiplegia, hemophilia, respiratory or pulmonary
94	dysfunction, mental retardation, mental illness, multiple
95	sclerosis, muscular dystrophy, musculoskeletal disorder,
96	neurological disorder, including stroke and epilepsy,
97	paraplegia, quadriplegia, or other spinal cord condition,
98	sickle-cell anemia, specific learning disability, end-stage
99	renal disease, or another disability or a combination of
100	disabilities that is determined, after an assessment for
101	determining eligibility and vocational rehabilitation needs, to
102	cause comparable substantial functional limitation.
103	(17)(18)  "Person who has a most significant disability"
104	means a person who has a significant disability who meets the
105	designated administrative unit's criteria for a person who has a
106	most significant disability.
107	(18)(19)  "Personal assistance services" means a range of
108	services, provided by one or more persons, designed to assist an
109	individual a person who has a disability to perform daily living
110	activities, on or off the job, which that the individual would
111	typically perform if the individual did not have a disability.
112	Such services shall be designed to increase the individual's
113	control in life and ability to perform everyday activities on or
114	off the job. The services must be necessary for achieving an
115	employment outcome and may be provided only if the individual is
116	receiving other vocational rehabilitation services. The services
117	may include training in managing, supervising, and directing
118	personal assistance services.
119	(19)(20)  "Physical and mental restoration" means any
120	medical, surgical, or therapeutic treatment necessary to correct
121	or substantially modify a physical or mental condition that is
122	stable or slowly progressive and constitutes an impediment to
123	employment, but is of such nature that the treatment can
124	reasonably be expected to correct or modify such impediment to
125	employment within a reasonable length of time, including, but
126	not limited to, medical, psychiatric, dental, and surgical
127	treatment, nursing services, hospital care in connection with
128	surgery or treatment, convalescent home care, drugs, medical and
129	surgical supplies, and prosthetic and orthotic devices.
130	(21)  "Program" means an agency, organization, or
131	institution, or a unit of an agency, organization, or
132	institution, that provides directly or facilitates the provision
133	of vocational rehabilitation services as one of its major
134	functions.
135	(22)  "Rehabilitation" means those events and processes
136	occurring after injury and progressing to ultimate stabilization
137	and maximum possible recovery.
138	(23)  "Rehabilitation service" means any service, provided
139	directly or indirectly through public or private agencies, found
140	by the division to be necessary to enable a person who has a
141	limiting disability to engage in competitive employment.
142	(24)  "Rules" means rules adopted by the department in the
143	manner prescribed by law.
144	(20)(25)  "State plan" means the state plan approved by the
145	Federal Government as qualifying for federal funds under the
146	Rehabilitation Act of 1973, as amended. However, the term "state
147	plan," as used in ss. 413.39-413.401, means the State Plan for
148	Independent Living Rehabilitative Services under Title VII(A) of
149	the Rehabilitation Act of 1973, as amended.
150	(21)(26)  "Supported employment" means competitive work in
151	integrated working settings for persons who have most
152	significant severe disabilities and for whom competitive
153	employment has not traditionally occurred or for whom
154	competitive employment has been interrupted or is intermittent
155	as a result of such a severe disability. Persons who have most
156	significant severe disabilities requiring supported employment
157	need intensive supported employment services or extended
158	services in order to perform such work.
159	(22)(27)  "Supported employment services" means ongoing
160	support services and other appropriate services needed to
161	support and maintain a person who has a most significant severe
162	disability in supported employment. Supported employment
163	services are based upon a determination of the needs of the
164	eligible individual as specified in the person's individualized
165	plan for employment written rehabilitation program. The services
166	are provided singly or in combination and are organized and made
167	available in such a way as to assist eligible individuals in
168	entering or maintaining integrated, competitive employment. The
169	services are provided for a period of time not to extend beyond
170	18 months, but can be extended under special circumstances with
171	the consent of the individual in order to achieve the objectives
172	of the rehabilitation plan.
173	(23)(28)  "Third-party coverage" means any claim for, right
174	to receive payment for or any coverage for, the payment of any
175	vocational rehabilitation and related services.
176	(24)(29)  "Third-party payment" means any and all payments
177	received or due as a result of any third-party coverage.
178	(25)(30)  "Transition services" means a coordinated set of
179	activities for a student, designed within an outcome-oriented
180	process, which that promote movement from school to postschool
181	activities, including postsecondary education; vocational
182	training; integrated employment; including supported employment;
183	continuing and adult education; adult services; independent
184	living; or community participation. The coordinated set of
185	activities must be based upon the individual student's needs,
186	taking into account the student's preferences and interests, and
187	must include instruction, community experiences, the development
188	of employment and other postschool adult living objectives, and,
189	if when appropriate, acquisition of daily living skills and
190	functional vocational evaluation.
191	(31)  "Transitional living facility" means a state-approved
192	facility as defined and licensed pursuant to chapter 400 and
193	division-approved in accord with this part.
194	(26)(32)  "Vocational rehabilitation" and "vocational
195	rehabilitation services" mean any service, provided directly or
196	through public or private entities instrumentalities, to enable
197	an individual or group of individuals to achieve an employment
198	outcome, including, but not limited to, medical and vocational
199	diagnosis, an assessment for determining eligibility and
200	vocational rehabilitation needs by qualified personnel;
201	counseling, guidance, and work-related placement services;
202	vocational and other training services; physical and mental
203	restoration services; maintenance for additional costs incurred
204	while participating in rehabilitation; interpreter services for
205	individuals who are deaf; recruitment and training services to
206	provide new employment opportunities in the fields of
207	rehabilitation, health, welfare, public safety, law enforcement,
208	and other appropriate service employment; occupational licenses;
209	tools, equipment, and initial stocks and supplies;
210	transportation; telecommunications, sensory, and other
211	technological aids and devices; rehabilitation technology
212	services; referral services designed to secure needed services
213	from other agencies; transition services; on-the-job or other
214	related personal assistance services; and supported employment
215	services.
216	(33)  "Vocational rehabilitation and related services"
217	means any services that are provided or paid for by the
218	division.
219	Section 2.  Section 413.206, Florida Statutes, is repealed.
220	Section 3.  Subsections (2) through (7) of section 413.30,
221	Florida Statutes, are amended to read:
222	413.30  Eligibility for vocational rehabilitation
223	services.--
224	(2)  Determinations by other state or federal agencies
225	regarding whether an individual satisfies one or more factors
226	relating to the determination that an individual has a
227	disability may be used. Individuals determined to have a
228	disability pursuant to Title II or Title XVI of the Social
229	Security Act shall be considered to have a physical or mental
230	impairment that constitutes or results in a substantial
231	impediment to employment and a significant disability severe
232	physical or mental impairment that seriously limits one or more
233	functional capacities in terms of an employment outcome.
234	(3)  An individual is shall be presumed to benefit in terms
235	of an employment outcome from vocational rehabilitation services
236	under this part unless the division can demonstrate by clear and
237	convincing evidence that the individual is incapable of
238	benefiting from vocational rehabilitation services in terms of
239	an employment outcome. Before making such a determination, the
240	division must consider the individual's abilities, capabilities,
241	and capacity to perform in a work situation through the use of
242	trial work experiences. Trial work experiences include supported
243	employment, on-the-job training, or other work experiences using
244	realistic work settings. Under limited circumstances, if an
245	individual cannot take advantage of trial work experiences or if
246	options for trial work experiences have been exhausted To
247	demonstrate that an individual cannot benefit from vocational
248	rehabilitation services due to the severity of the individual's
249	disability, the division shall conduct an extended evaluation,
250	not to exceed 18 months. The evaluation must determine the
251	eligibility of the individual and the nature and scope of needed
252	vocational rehabilitation services. The extended evaluation must
253	be reviewed once every 90 days to determine whether the
254	individual is eligible for vocational rehabilitation services.
255	(4)  The division shall determine the eligibility of an
256	individual for vocational rehabilitation services within a
257	reasonable period of time, not to exceed 60 days after the
258	individual has submitted an application to receive vocational
259	rehabilitation services, unless the division notifies the
260	individual that exceptional and unforeseen circumstances beyond
261	the control of the division prevent the division from completing
262	the determination within the prescribed time and the division
263	and the individual agree agrees that an extension of time is
264	warranted or that an extended evaluation is required.
265	(5)  As soon as a determination has been made that an
266	individual is eligible for vocational rehabilitation services,
267	the division must complete an assessment for determining
268	eligibility and vocational rehabilitation needs and ensure that
269	an individualized plan for employment written rehabilitation
270	program is prepared.
271	(a)  Each The individualized plan for employment written
272	rehabilitation program must be jointly developed, agreed upon,
273	and signed by the vocational rehabilitation counselor or
274	coordinator and the eligible individual or, in an appropriate
275	case, a parent, family member, guardian, advocate, or authorized
276	representative, of the such individual.
277	(b)  The division must ensure that each individualized plan
278	for employment written rehabilitation program is designed to
279	achieve the specific employment outcome objective of the
280	individual, consistent with the unique strengths, resources,
281	priorities, concerns, abilities, and capabilities of the
282	individual, and otherwise meets the content requirements for an
283	individualized plan for employment written rehabilitation
284	programs as set out in federal law or regulation.
285	(c)  Each individualized plan for employment written
286	rehabilitation program shall be reviewed annually, at which time
287	the individual, or the individual's parent, guardian, advocate,
288	or authorized representative, shall be afforded an opportunity
289	to review the plan program and jointly redevelop and agree to
290	its terms. Each plan individualized written rehabilitation
291	program shall be revised as needed.
292	(6)  The division must ensure that a determination of
293	ineligibility made with respect to an individual before prior to
294	the initiation of an individualized plan for employment written
295	rehabilitation program, based upon the review, and, to the
296	extent necessary, upon the preliminary assessment, includes
297	specification of the reasons for such a determination; the
298	rights and remedies available to the individual, including, if
299	appropriate, recourse to administrative remedies; and the
300	availability of services provided by the client assistance
301	program to the individual. If there is a determination of
302	ineligibility, the division must refer the individual to other
303	programs that are part of the one-stop delivery system under the
304	Workforce Investment Act that address the individual's training
305	or employment-related needs or to local extended employment
306	providers if the determination is based on a finding that the
307	individual is incapable of achieving an employment outcome.
308	(7)  If In the event the division is unable to provide
309	services to all eligible individuals, the division shall
310	establish an order of selection and serve first those persons
311	who have the most significant severe disabilities first.
312	Section 4.  Paragraph (b) of subsection (1) of section
313	413.341, Florida Statutes, is amended to read:
314	413.341  Applicant and client records; confidential and
315	privileged.--
316	(1)  All oral and written records, information, letters,
317	and reports received, made, or maintained by the division
318	relative to any client or applicant are privileged,
319	confidential, and exempt from the provisions of s. 119.07(1).
320	Any person who discloses or releases such records, information,
321	or communications in violation of this section commits a
322	misdemeanor of the second degree, punishable as provided in s.
323	775.082 or s. 775.083. Such records may not be released except
324	that:
325	(b)  Records that do not identify clients or applicants may
326	be released for the purpose of research, evaluation, or audit if
327	when the research is approved by the division director.
328	Personally identifying information released under this paragraph
329	to persons officially connected with the audit, evaluation, or
330	research remains privileged, confidential, and exempt under this
331	section and may not be disclosed to third parties.
332	Section 5.  Section 413.371, Florida Statutes, is amended
333	to read:
334	413.371  Independent living program; establishment and
335	maintenance.--The division shall establish and maintain an
336	independent living program that will provide any appropriate
337	rehabilitation services or other services to enhance the ability
338	of persons who have significant severe disabilities to live
339	independently and function within their communities and, if
340	appropriate, to secure and maintain employment. The division, at
341	its sole discretion and within the constraints of its funding,
342	may contract with centers for independent living to provide such
343	services.
344	Section 6.  Section 413.39, Florida Statutes, is amended to
345	read:
346	413.39  Administration; independent living program.--The
347	division is hereby authorized, in addition to its other duties
348	and responsibilities, to administer a program of independent
349	living services for individuals with significant severe
350	disabilities who can benefit from such services.
351	Section 7.  Paragraph (c) of subsection (1) of section
352	413.393, Florida Statutes, is amended to read:
353	413.393  State plan for independent living.--
354	(1)  The state plan for independent living shall be jointly
355	developed and submitted by the Independent Living Council and
356	the division, and the plan must:
357	(c)  Specify that the state will provide independent living
358	services under this part to persons who have significant severe
359	disabilities and will provide the services in accordance with an
360	independent living plan mutually agreed upon by an appropriate
361	staff member of the service provider and the individual, unless
362	the individual signs a waiver stating that such a plan is
363	unnecessary.
364	Section 8.  Section 413.40, Florida Statutes, is amended to
365	read:
366	413.40  Powers of division; independent living program.--
367	The division, in carrying out a program of providing independent
368	living rehabilitation services to persons who have significant
369	severe disabilities, shall be authorized to:
370	(1)  Employ necessary personnel.
371	(2)  Employ consultants.
372	(3)  Provide diagnostic, medical, and psychological and
373	other evaluation services.
374	(4)  Provide training necessary for rehabilitation.
375	(5)  Provide for persons found to require financial
376	assistance with respect thereto and provide maintenance,
377	including:
378	(a)  Personal care attendant services while undergoing
379	rehabilitation.
380	(b)  Transportation incident to necessary rehabilitation
381	services.
382	(c)  Physical and mental restoration services, prosthetic
383	appliances, and other equipment determined to be necessary for
384	rehabilitation.
385	(6)  Provide rehabilitation facilities necessary for the
386	rehabilitation of persons who have significant severe
387	disabilities or contract with facilities such as centers for
388	independent living for necessary services. The division shall
389	not, however, assume responsibility for permanent custodial care
390	of any individual and shall provide rehabilitation services only
391	for a period long enough to accomplish the rehabilitation
392	objective or to determine that rehabilitation is not feasible
393	through the services available under this section.
394	(7)  Contract with any entity, public or private, to
395	provide independent living services.
396	Section 9.  Sections 413.70, 413.72, and 413.73, Florida
397	Statutes, are repealed.
398	Section 10.  This act shall take effect upon becoming a
399	law.

CODING: Words stricken are deletions; words underlined are additions.