§ 143-545.1. Purpose, establishment and administration of program; services. - North Carolina Statutes

§ 143‑545.1. Purpose, establishment and administration of program; services.

(a)        Policy. – Recognizing that disability is a natural part ofhuman experience, the State establishes as its policy that individuals withphysical and mental disabilities should be able to participate to the maximumextent of their abilities in the economic, educational, cultural, social, andpolitical activities available to all citizens of the State. To implement thispolicy, the Department of Health and Human Services shall establish and operatecomprehensive and accountable programs of vocational rehabilitation andindependent living for persons with disabilities. These programs are to beadministered by the Division of Vocational Rehabilitation Services incollaboration with the Division of Services for the Blind, which conductsvocational rehabilitation and independent living programs for individuals whoare blind or visually impaired, pursuant to Chapter 111 of the General Statutesand the rules of the Commission for the Blind adopted pursuant to G.S. 143B‑157.The programs so provided shall be administered according to the followingprinciples:

(1)        The opportunity and ability to work and to liveindependently are important activities that enhance not only the lives ofindividuals with disabilities but also the greater society in which they live.These activities fulfill the need to be productive, promote self‑esteem,and allow for participation in the full array of activities of daily living;

(2)        Eligible individuals with disabilities shall be providedindividualized training, independent living services, and educational andsupport services that prepare them for independent living and competitiveemployment opportunities in integrated settings with reasonable accommodations;

(3)        Individuals with disabilities shall be active participantsin their own vocational rehabilitation/independent living programs and shall beinvolved in making meaningful and informed choices about vocational/independentliving goals and objectives and the related services they receive; and

(4)        As full partners in their vocational rehabilitation andindependent living programs, participants in the programs shall provideinformation required by the Department to determine eligibility and the natureof their disabilities, shall use other resources that are available to assistin their programs, and shall assume joint responsibility with departmentalstaff for planning and implementing their programs.

(b)        Services: –

(1)        Vocational rehabilitation and independent living servicesprovided by the Department shall address comprehensively the needs of eachindividual to the maximum extent possible within available resources. Theseservices shall contain labor force development and training components andservices that enhance the independence and full participation of citizens withdisabilities in community life. Specific services shall include assessmentservices to determine eligibility and rehabilitation needs; counseling,guidance, and referral services; physical and mental restoration services;reader services; vocational and other training services; job development andjob placement services; interpreter services; on‑the‑job or otherrelated personal assistance services including attendant care services; mobilityand rehabilitation technology services; training services necessary for livingin the community; and supported employment services.

(2)        The Secretary of the Department of Health and Human Servicesshall adopt rules to establish eligibility for services, the nature and scopeof services to be provided, standards for community rehabilitation programs andqualified personnel to provide services and conditions, criteria, andprocedures under which services may be provided including financial need forservices. Rules governing financial need for services shall meet therequirements set in federal law and regulations.

(3)        The Secretary of the Department of Health and Human Servicesor, when appropriate, the Commission for the Blind, shall establish by rule aformula for a schedule of rates and fees to be paid by clients and other thirdparty purchasers for services.

(4)        The Secretary of the Department of Health and Human Servicesor, when appropriate, the Commission for the Blind, shall establish formalappeals procedures that are consistent with those required by federalregulations so that any applicant for or client of vocational rehabilitation orindependent living services who is dissatisfied with any determinations made byrehabilitation counselors or coordinators concerning the furnishing or denialof services may request a timely review of those determinations. The appealprocedures shall be the same regardless of whether federal funds are includedin the particular services. (1995, c. 403, s. 1(b); 1997‑443, s. 11A.118(a); 1997‑456,s. 27; 1999‑161, s. 1.)