Or. Admin. Code § 411-345-0025

Current through Register Vol. 63, No. 11, November 1, 2024

Section 411-345-0025 - Employment Service Requirements

(1) Requirements for all employment services:

(a) The delivery of employment services provided under these rules presumes all individuals eligible for services can succeed in a job and career in a competitive integrated employment setting in the general workforce and earn minimum wage or better.

(b) Employment is the preferred activity for individuals receiving services under these rules. Competitive integrated employment is the highest priority over unemployment, segregated or sheltered employment, small group employment support, or non-work day activities.

(c) Employment services must be individually planned based on person-centered planning principles. Consistent with the person-centered approach to these services, individuals accessing employment services under these rules must be encouraged, on an ongoing basis, to explore their interests, strengths, and abilities relating to employment or career advancement.

(d) All employment services have an optimal and expected outcome of sustained paid employment at the maximum number of hours, consistent with individual preferences, and work experience leading to further career development, maximizing hours, using the standard of working at least 20 hours per week, and competitive integrated employment for which an individual is compensated at or above minimum wage, with a goal of not less than the customary wage and level of benefits paid by the employer for the same or similar work performed by individuals without disabilities.

(e) A provider must be in full compliance with the requirements for home and community-based services and settings in OAR chapter 411, division 004 by September 1, 2018.

(f) Employment services are provided under these rules in accordance with the State of Oregon Executive Order No. 15-01 and OAR chapter 407, division 025.

(g) Employment services must be evidence-based where evidence-based practices have been identified.

(h) Employment services must be provided:

(A) To eligible individuals under the authorization of an ISP and Career Development Plan in accordance with OAR 411-345-0160.

(B) In a non-residential setting unless an individual is operating a home-based business.

(C) In the most integrated employment setting appropriate to the needs of an individual, and consistent with the choice of the individual regarding services, providers, and goals.

(i) Employment services must be designed to:

(A) Increase independence, integration, and regular engagement in income producing work by an individual, preferably in competitive integrated employment, that is measured through improvements in income level, employment status, or job advancement, or engagement by an individual with an intellectual or developmental disability in work contributing to a household or community;

(B) Promote integration into the workforce and workplace;

(C) Promote interaction with people without disabilities; and

(D) Support successful employment outcomes consistent with personal and career goals.

(2) Employment services do not include any of the following:

(a) Services available to an individual under Vocational Rehabilitation and Other Services, 29 U.S.C. § 701-796l, as amended.

(b) Services available to an individual under the Individuals with Disabilities Education Act, 20 U.S.C § 1400, as amended.

(c) Vocational assessments in a sheltered workshop.

(d) Services used for support to work in a sheltered workshop setting for individuals who did not enter or use services for support in a sheltered workshop setting on or before June 30, 2015.

(3) Employment services may not occur in settings where a provider, or other person who supports or directs an individual's plan to obtain or advance in competitive integrated employment, receives a personal benefit.

(4) Employment services include the following:

(a) INDIVIDUAL SUPPORTED EMPLOYMENT - Job Coaching:

(A) Job coaching is initial, ongoing, or maintenance support to maintain or advance in an individualized job in a competitive integrated employment setting in the general workforce, including customized employment or self-employment. This also includes support for maximizing hours, using the standard of working at least 20 hours per week, maximizing pay, benefits, and other opportunities for career advancement.

(B) Personal care or attendant care provided as an incidental part of job coaching is considered a component part of the employment service.

(C) Job coaching does not include support in volunteer or unpaid work.

(D) Individuals utilizing job coaching must be compensated at a rate that is not less than the higher of the rate specified in federal, state, or local minimum wage law and also is not less than the customary rate and benefits paid by the employer for the same or similar work performed by other employees who are not individuals with disabilities, and who are similarly situated in similar occupations by the same employer and who have similar training, experience, and skills.

(E) Direct and indirect job coaching support must be provided, at minimum, for the number of hours identified in an ISP or Service Agreement. Job coaching contact requirements must be met.

(F) Transportation provided within the course of job coaching is a component part of the employment service.

(b) INDIVIDUAL SUPPORTED EMPLOYMENT - Job Coaching for Self-Employment. Job coaching support to maintain self-employment requires the following in addition to the requirements outlined under subsection (a) of this section:

(A) Ongoing assistance, counseling, and guidance after a job or business has been launched and after successful closure through Vocational Rehabilitation.

(B) The individual must be performing an essential function of the job or business.

(C) Support to maintain self-employment may not be provided to defray the primary operational expenses of the business.

(D) The self-employment must yield an income that is comparable to the income received by other people who are not individuals with disabilities, and who are self-employed in similar occupations or in similar tasks and who have similar training, experience, and skills.

(E) Evidence of the self-employment must be documented and reviewed by the individual's case manager on an annual basis. Documentation may include, but is not limited to, business filings with the Secretary of State, tax records submitted to the Internal Revenue Service, and an annual business plan.

(F) Department approval is required.

(c) INDIVIDUAL SUPPORTED EMPLOYMENT - JOB DEVELOPMENT:

(A) Job development is support to obtain an individual job in a competitive integrated employment setting in the general workforce, including customized employment or self-employment.

(B) Personal care or attendant care provided as an incidental part of job development is considered a component part of the employment service.

(C) The job developed must provide compensation at a rate that is not less than the higher of the rate specified in federal, state, or local minimum wage law and also is not less than the customary rate and benefits paid by the employer for the same or similar work performed by other employees who are not individuals with disabilities, and who are similarly situated in similar occupations by the same employer and who have similar training, experience, and skills.

(D) The job developed must meet criteria established in a Career Development Plan or Individual Plan for Employment (IPE) including, but not limited to, criteria regarding the number of hours the individual shall work in the job. The Career Development Plan must document either a goal or discussion regarding opportunities for maximizing work hours and other career advancement opportunities. The recommended standard for planning job coaching and job development is the opportunity to work at least 20 hours per week. Individualized planning should ultimately be based on person-centered planning principles, including individual choice, preferences, and circumstances, and recognize that some individuals may choose to pursue working full time, part time, or another goal identified by the individual.

(E) Job development may be authorized in the limited circumstances where the service is not available through Vocational Rehabilitation and the Department has approved authorization.

(F) Transportation provided within the course of job development is a component part of the employment service.

(d) SMALL GROUP EMPLOYMENT SUPPORT - Services and training activities in regular business, industry, and community settings.

(A) Small group employment support:

(i) May be provided in groups of two to eight individuals.

(ii) Must be provided in a manner that promotes integration into the work place and interaction with people without disabilities in those work places.

(B) Small group employment support does not include:

(i) Vocational services provided in a provider owned, operated, or controlled setting, or a facility-based work setting.

(ii) Support in volunteer or unpaid work.

(C) Individuals utilizing small group employment support must be compensated at a rate that is not less than the higher of the rate specified in federal, state, or local minimum wage law and also is not less than the customary rate and benefits paid by the employer for the same or similar work performed by other employees who are not individuals with disabilities, and who are similarly situated in similar occupations by the same employer and who have similar training, experience, and skills.

(D) Personal care or attendant care provided as an incidental part of small group employment support is considered a component part of the employment service.

(E) Transportation provided within the course of small group employment support is a component part of the employment service.

(e) DISCOVERY - A comprehensive and person-centered employment planning support service to better inform an individual seeking competitive integrated employment in the general workforce and develop a Discovery Profile.

(A) Discovery must include a series of work-related activities, completed in individual integrated employment settings, to inform the individual and the job developer about the strengths, interests, abilities, skills, experiences, and support needs of the individual. Discovery must include analyzing detailed information from novel and past experiences in order to identify the conditions or integrated employment settings in which the individual will be most successful.

(B) Discovery may include job and task analysis activities, assessment for use of assistive technology, job shadowing, informational interviewing, employment preparation, resume development, and volunteerism to identify transferable skills and job or career interests.

(C) Discovery must be completed within a three-month period. A three-month extension may be authorized if the individual and the individual's case manager determines there is a legitimate reason. Legitimate reasons may include, but are not limited to, any of the following:

(i) The individual had a medical event that delayed completing discovery.

(ii) A medical event significantly changed the individual's strengths, interests, and abilities.

(iii) An opportunity to participate in particular work trials or volunteer positions may only be scheduled outside of the three-month period.

(D) Discovery must have an outcome of a Discovery Profile. The Discovery Profile must meet requirements established by the Department.

(E) Discovery most often results in a referral to vocational rehabilitation services.

(F) Personal care or attendant care provided as an incidental part of discovery is considered a component part of the employment service.

(G) Transportation provided within the course of discovery is a component part of the employment service.

(f) EMPLOYMENT PATH SERVICES - Support to obtain experience and develop general skills that contribute to employability in competitive integrated employment settings in the general workforce. Employment path services include training and support to obtain competitive integrated employment. Employment path services may also include individualized benefits counseling. Employment path services must be for the benefit of an individual and may not occur in settings where a provider, or other person who supports or directs an individual's plan to obtain competitive integrated employment, receives a personal benefit.

(A) Personal care or attendant care provided as an incidental part of employment path services is considered a component part of the employment service.

(B) Producing goods or services may be incidental to employment path services but the primary purpose must be to develop general employment skills that may be used in an individual integrated job.

(C) Employment path services are time-limited based on the ISP. These services are expected to occur over a defined period of time with specific outcomes to be achieved, as determined by the individual and the individual's service and supports planning team through an ongoing person-centered planning process.

(i) Prior to beginning employment path services there must be measurable goals outlined in the Career Development Plan that support the intended outcomes of this service.

(ii) The measurable goals must include a timeline for achieving the goals as well as the frequency and duration for which progress towards achieving the goals are monitored by the individual's case manager during service monitoring as outlined in OAR chapter 411, division 415.

(D) Employment path services require that an individual have an employment-related goal in the ISP. The employment goal must be related to obtaining, maintaining, or advancing in competitive integrated employment, or, at minimum, exploring competitive integrated employment. General habilitation activities accessed through employment path services must be designed to support such employment goals.

(E) Employment path services that occur at a provider site or facility must be used in combination with a service component that is in a non-disability specific setting in the general community and away from the provider site.

(F) Transportation provided within the course of employment path services is a component part of the employment service.

(G) Consistent with setting requirements for home and community-based services, employment path services must be provided in an integrated setting that supports an individual's full access to the community and where individuals using these services gain experience working with the general public to the same or a similar degree as individuals who do not have a disability and do not use home and community-based services.

(H) Employment path services are a facility-based service if delivered at a fixed site where the supported individual has few or no opportunities to interact with people who do not have a disability except for paid staff.

(I) Employment path services are the only service that may be used for support in a sheltered workshop setting. Effective July 1, 2015, no service may be authorized in a sheltered workshop setting for any individual who has not already entered or used services for support to work in a sheltered workshop. Sheltered workshop settings must meet setting requirements for home and community-based services by September 1, 2018, or have a variance approved by the Department.

(g) ATTENDANT CARE IN COMPETITIVE INTEGRATED EMPLOYMENT SETTINGS - Assistance with activities of daily living, instrumental activities of daily living, and health-related tasks through hands-on assistance, supervision, cueing, and the provision of behavior supports as needed for support in competitive integrated employment when a job coach is not present.

Or. Admin. Code § 411-345-0025

SPD 14-2011, f. & cert. ef. 7-1-11; APD 45-2014, f. 12-26-14, cert. ef. 12/28/2014; APD 31-2015(Temp), f. 12-31-15, cert. ef. 1-1-16 thru 6-28-16; APD 22-2016, f. & cert. ef. 6/29/2016; APD 33-2017, amend filed 12/29/2017, effective 1/1/2018; APD 21-2018, temporary amend filed 07/02/2018, effective 07/02/2018 through 12/27/2018; APD 45-2018, amend filed 12/28/2018, effective 12/28/2018

Statutory/Other Authority: ORS 409.050 & 427.007

Statutes/Other Implemented: ORS 427.007, 427.104 & 427.154