13A.11.01.14

.14 Closure of the Record of Services.

A. The decision to close a record of services of an applicant or eligible individual shall be made only after full consultation with the individual or, as appropriate, the individual and the individual's representative, or after giving an opportunity for this consultation, except when the individual is no longer present in the State, or cannot be located. The views of the eligible individual or, as appropriate, the individual and the individual's representative shall be recorded in the record of services.

B. Whenever a record of services is closed, the Division shall give the applicant or eligible individual or, as appropriate, the individual and the individual's representative written notice of the:

(1) Reasons for the decision;

(2) Individual's rights and means by which the individual may express and seek remedy for any dissatisfaction, including the opportunity for an appeal hearing under COMAR 13A.11.07; and

(3) Availability and access to the resources within the Client Assistance Program.

C. If a record of services is closed based on a determination that an individual is ineligible for services, referral shall be made to other agencies and programs, including, when appropriate, the independent living services program under COMAR 13A.11.03.

D. If a record of services is closed based on a determination that the individual is incapable of achieving an employment outcome due to the severity of the disability, the Division shall review the decision within 12 months after giving the individual written notice and opportunity to participate in the review, unless the individual refuses the review, is no longer present in the State, cannot be located, or has a medical condition which is rapidly progressive or terminal. The Division shall conduct subsequent reviews at the request of the individual or, if appropriate, the individual's representative.

E. An individual shall be considered rehabilitated if the individual has:

(1) Been determined eligible under Regulation .05 of this chapter;

(2) Been provided an assessment to determine eligibility and rehabilitation needs and a comprehensive assessment, if required, and counseling and guidance;

(3) Been provided appropriate and substantial vocational rehabilitation services, in accordance with the individualized plan for employment, which contributed to the achievement of the employment outcome;

(4) Achieved an employment outcome consistent with the individual's strengths, resources, priorities, concerns, abilities, interests, and informed choice which is in an integrated setting; and

(5) Maintained the employment outcome for at least 90 days, and agreed with the rehabilitation counselor that the:

(a) Employment is satisfactory, and

(b) Individual is performing well on the job.

F. After an individual has been determined to be rehabilitated, the Division shall provide post-employment services if necessary to assist an individual to maintain or regain other suitable employment.

G. The Division shall review and reevaluate annually for a minimum of 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 not earning minimum wage to determine the interests, priorities, and needs of the individual with respect to competitive employment or training for competitive employment. The individual or, if appropriate, the individual's representative shall provide input into the review and sign an acknowledgement that the review and reevaluation have been conducted. If determined appropriate, the individual's record of services will be reopened.