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November 20, 2008

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Rehabilitation Services

Performance-Based Agreements FAQ

Job-Seeking Skills

After a PBA is signed, can the VR Program pay for additional services, such as job tryouts, work adjustment training, or other services with a job at conclusion?

No. The consumer should be "placement ready" before the PBA is signed. Necessary assessment and training services should be authorized to assist the consumer in becoming placement ready prior to entering into the PBA. If the timing of entering a PBA was not appropriate, end the PBA and authorize the services necessary to help the consumer become "placement ready." Then issue a new PBA for the new effort.

Are enclave/group placements and placements in positions that pay less than the customary wage covered under placement with ongoing supports for PBA?

No, enclave/group placements, as well as placements at less than customary wages, are not included under PBA's placement with ongoing supports. If enclave/group placement, or placement at less than customary wages is most appropriate, services needed such as job coaching could be purchased on a fee-for-service basis in accordance with the provider's Operating Agreement.

What about placements in scattered or clustered sites?

PBA is designed to pay vendors for a significant amount of time, effort, and expense to develop a new, single-site job, and support someone in that new job. A VR counselor generally should not authorize the "placement milestone" for a job that is one of many at a single employer's location, where many persons with disabilities work in jobs that are scattered across a single employer's place of business, because the CRP has a pre-existing relationship of placing workers with the employer, and significant effort was not necessary to secure another placement.

I placed a consumer in a work crew with a CRP because it was appropriate at the time. What happens when the person is ready to become placed in a single-site? Is the CRP responsible for making the placement? Can the person reapply for VR Services for the purpose of placement into a single-site position ?

Since PBA cannot be used to fund persons served in enclave/group/crew settings, the initial placement into the work crew would need to be funded on a fee-for-service basis, such as Situational Assessment or Employee Development Services (WAT) as appropriate.

The CRP would not be expected to achieve a single-site placement outcome with time-limted or ongoing supports from these services. Although it could happen incidentally, it would be rare, given that a work crew is usually a group of people with disabilities working together, and a placement in a single site requires integration.

If the person becomes ready for placement in a single site, VR could fund that placement under the terms of the PBA agreement. The vendor could be paid each of the milestones for

1. placement plan,
2. hire,
3. stabilization (if the goal is SE outcome), and
4. retention.

If the VR case is closed when the person becomes ready for placement in a single site, the consumer could reapply if a significant amount of services will be necessary to develop a new job at a single site, train and coach at the new job, and/or provide ongoing support services through the retention period. If a rather insignificant amount of service (job coaching) is all that is needed to secure a placement, the counselor could authorize a limited amount of Job Coaching under Post-Employment Services on a fee-for-service basis.

A consumer is served by a signed PBA for a Placement with Ongoing Support Services. The consumer was hired on what is being called a "trial basis." There were no taxes withheld, no insurance forms completed, and no other paperwork signed. At the end of two days, he was paid in cash and let go for failing to work up to the quality expectations of his supervisor. Is the vendor entitled to milestone payment for the job hire?

No. The Department cannot pay for "job hires" that do not meet all legal requirements for employment. Community-based work evaluations can be authorized separately, and should work well in these types of situations, assuming DOL requirements are met. In the case where a community-based work evaluation results in a direct hire, there would not be a PBA plan signed and there would not be a "job hire" payment.

What is the VR process if an employer hires a person who participated in Work Adjustment Training (crew or enclave) at the employer's business?

VR counselors would authorize Job Coaching, at the hourly fee-for-service rate identified in the service provider's Operating Agreement.

What is the process when a PBA referral has been made for placement with time-limited supports and the CRP has been paid the milestone payment, yet later it becomes clear that the individual will need long-term support?

The counselor can do an increase for the difference in the final milestone payment amount to the authorization total.

Can a PBA be written for a placement with an ongoing supported outcome when no long-term funding is in place, but the intention is to provide long and intense on-the-job support using the third milestone (job retention)?

No. A Placement with Ongoing Supports PBA may only be authorized when the consumer's plan identifies the individual's goal of supported employment, i.e., the person requires long-term, ongoing employment supports to maintain employment. Therefore, the VR Program prohibits counselors from starting any individual program plan for placement with ongoing supports until the source of the long-term, ongoing supports has been determined.

What happens when a CRP allows its CARF accreditation to expire?

The organization is moved to the status of a Limited Use Vendor and spending limits apply until the organization submits evidence of application for resurvey.

What happens if a CRP isn't accredited in one of the services it wants to vend to RS?

The CRP may provide the service until its next CARF survey. The Operating Agreement will show the service under the category, "CARF-Pending Services," and will identify the date by which accreditation will be earned. If the organization fails to gain accreditation by that date, the service will be removed from the Operating Agreement.

Does the CRP have to accredit all locations where a particular service is provided?

Yes, CARF requires the survey of a given service include all locations where the service is provided. The CARF Survey Report lists all accredited services and locations. The Operating Agreements will be modified over time to indicate the sites where accredited services are available.

Are there any special requirements of businesses located outside the State of Minnesota to do business in Minnesota?

Yes, according to the Minnesota Secretary of State's Office: "In order to do business in Minnesota, an existing business must first register with the Secretary of State... A certificate of authority form is required along with a recent certificate from the home state verifying the corporation's existence and the filing fee of $200 for business corporations. Nonprofit corporations may register in the same way for a $50 filing fee. Name changes, mergers and dissolutions must also be recorded and require a $50 filing fee. There is also an annual registration form that is due each year (excluding the year of qualification) requiring a flat fee of $115." All forms for filing are downloadable from the Secretary of State's office, some of which may be filled out online.

How do I know if an out-of-state business is registered?

An online search of the business name at the Minnesota Secretary of State's website can be conducted, or a Rehabilitation Specialist can be called to conduct the research on behalf of the interested party.