LEGAL AUTHORITY

Authority for the operation of the Michigan Commission for the Blind is provided by the federal Rehabilitation Act of 1973 as amended in 1998 in the Workforce Investment Act and by Public Act 260 of 1978 of the state of Michigan as amended.

NONDISCRIMINATION

Eligibility for vocational rehabilitation services is determined without regard to sex, race, age, creed, color, national origin, religion, political affiliation, duration of state residency, marital status or disability.

AFFIRMATIVE ACTION

It is the policy of the Michigan Commission for the Blind to employ, as opportunities become available throughout our organization, the best-qualified individuals, without regard to race, sex, color, religion, national origin, disability, age or other categories of groups protected by law. We are committed to promoting equal employment opportunity by employing and advancing persons based on merit, ability and potential for development.

The Michigan Commission for the Blind will continue to employ and develop employees, adhering to our policy of nondiscrimination, which applies to all aspects of employment including, but not limited to, the following: recruitment, hiring, placement, job classification, training development, promotion, transfer, job assignment, layoffs and grievances. Because members of minority groups are currently underrepresented in the field of rehabilitation, the Michigan Commission for the Blind will promote, initiate and support efforts involving colleges, high schools, community organizations and other interested parties to ensure that highly qualified individuals, including Michigan Commission for the Blind clients from all underrepresented groups, receive training in vocational rehabilitation counseling, rehabilitation teaching, orientation and mobility, and any other areas that would benefit Michigan Commission for the Blind clients.

The Michigan Commission for the Blind will review, identify and correct those internal policies, procedures or work conditions that are barriers, to provide all persons equal employment opportunity.

The Michigan Commission for the Blind will provide services to our clients without regard to race, sex, religion, age, national origin, color, marital status, impairment or political belief.

The Michigan Commission for the Blind will notify staff and clients of the goal, objectives and proper execution of this policy and will maintain a working environment where all employees find equal opportunity for advancement.

PREFERRED MODE OF COMMUNICATION

Standard print for the Michigan Commission for the Blind will be produced in 14-point print in a font that is easily read (Arial or Courier fonts are preferred) with 1.1" margins. This is a reasonably large print, and when documents are provided on disc, it allows people using voice output devices to read without having to scroll off the screen. The Michigan Commission for the Blind will provide individuals with a choice of media for all documents generated for them or for information from the agency. Choices will include standard print, large print, Braille, disc, E-mail or tape. To the extent possible, the Michigan Commission for the Blind will also accommodate individuals who do not speak or understand English.

CASE FILE MAINTENANCE AND DOCUMENTATION

Counselors/teachers shall maintain a case file for each individual that has been referred for vocational rehabilitation services. That file shall contain all required documentation. This information, when generated by the agency, will be maintained by computer record in the agency computer system. Documentation in the form of a narrative should occur periodically based on the periodic assessment of progress developed in the Individual Plan for Employment or at other times as necessary to provide continuity of services and appropriate follow-up. Any information regarding an individual's case file generated by an outside source and any document requiring the signature of a counselor/teacher or the individual will be maintained in a paper file. The rationale for any decision to provide, alter or deny services shall be documented in the case record. Paper files of closed cases will be maintained for three years in the office in which they were closed. Those files will then be maintained for two additional years at the State of Michigan Records Center maintained by the Department of History, Arts and Libraries. After five years, all paper and computer files will be destroyed.

CONFIDENTIALITY

The Michigan Commission for the Blind shall safeguard the confidentiality of all personal information in our possession regarding an individual. Information about an individual will be shared only with the individual and other parties upon written directions from the individual or for purposes of furthering the individual's rehabilitation program. There are two exceptions to this policy, as follows:

A. Where ordered by a court or law enforcement agency staff, after having consulted with the Attorney General's Office through the Director of Client Services, and having been advised to comply; and

B. For the protection of the individual or others when the individual poses a threat to his or her safety or to the safety of others.

However, when information of a sensitive nature may be potentially harmful to the individual, this information must be released through the appropriate counselor/teacher or supervisor. This policy shall be thoroughly discussed with the individual at the time of application. By signing the application, the individual is indicating he/she is willing to abide by this policy. Information from substance abuse programs (according to Public Act 56, Section 18) and the Social Security Administration must always be removed before information is shared with courts or record-copying services.

Subpoenas should be sent immediately to the Director of Client Services for use in consultation with the Attorney General's Office. Before testifying or providing records in a case, the counselor/teacher should read the following statement:

"The Michigan Commission for the Blind operates under federal and state legislation which requires case information about a client to be held strictly confidential. Please refer to Section 85 of Act 314 of the Public Acts of 1915 (Judicature Act), Section 27.934 and 27a.2165 of the Michigan Statutes Annotated."

Then, if ordered, we must comply with the court.

LEGAL ASSISTANCE

Counselors/teachers shall identify complex and potentially controversial legal issues that require special guidance and consultation. After identifying such issues, the Michigan Commission for the Blind State Director or the Director of Client Services shall work with appropriate Department of Labor & Economic Growth staff in securing the appropriate assistance from the Office of the Attorney General.

Requests for formal Attorney General opinions and letters of advice on issues of general applicability shall be made to the Department of Labor & Economic Growth Director who, in consultation with the Michigan Commission for the Blind, will determine whether to forward the request to the Office of the Attorney General. The purpose of this policy is to enable the Michigan Commission for the Blind and the Department of Labor & Economic Growth to resolve complex legal issues in a timely and cost-effective manner.

Legal assistance and/or legal fees are not services provided to individuals.

TIMELY SERVICES

Counselors/teachers shall process applications and determine eligibility or ineligibility as soon as possible, but the time shall not exceed 60 days from the date of application unless the staff person and the individual mutually agree that an extension is necessary due to exceptional and unforeseen circumstances beyond the control of the individual or agency. Any extension must be for a specific period of time. Similarly, an Individual Plan for Employment will be developed as soon as possible after a person is determined eligible for services, but the time will not exceed 90 days from the date an individual was determined eligible for vocational rehabilitation services unless there is documentation justifying the need for additional time. The Michigan Commission for the Blind will provide all services in a timely and equitable manner.

INFORMED CLIENT CHOICE

Clients shall make informed choices regarding their long-term vocational goal, intermediate rehabilitation objectives, vocational rehabilitation services (including assessment) they receive, service providers and any other part of their rehabilitation programs. This process shall take place in partnership with the appropriate counselor/teacher utilizing the best available information. This information must include, at a minimum, information relating to the cost, accessibility, duration of potential services, the qualifications of potential service providers, types of services offered by the provider, the extent to which those services are provided in an integrated setting and, if available, consumer satisfaction with those services. Vocational rehabilitation services will be provided in-state, provided that this preference does not effectively deny an individual a necessary service. If the individual chooses an out-of-state service at a higher cost than an in-state service, and if either service would meet the individual's rehabilitation needs, the Michigan Commission for the Blind is not responsible for those costs in excess of the cost of the in-state services.

STAFF RESPONSIBILITIES

Counselors/teachers have the following responsibilities:

A. To respect the individual, who has the right and responsibility to participate in all decisions regarding his/her vocational future;

B. To facilitate with the individual the achievement of an employment outcome, economic self-sufficiency, independence, inclusion and integration into society;

C. To provide individualized services in an organized, planned manner and to exercise sound professional judgment in carrying out that responsibility;

D. When unable to work through a conflict with an individual, to involve management and to remind the individual or his/her representative of his/her rights and the availability of assistance from the Client Assistance Program; and

E. To return phone calls within two working days.

CONFLICT RESOLUTION

An individual or his/her representative may attempt to resolve any issues regarding his/her case by discussing the circumstances with his/her counselor/teacher and/or the counselor’s/teacher's supervisor.

If at any time an individual or his/her representative is dissatisfied with any determinations made by his/her counselor/teacher, he/she or his/her representative may request an informal Administrative Review conducted by a Michigan Commission for the Blind administrator, a formal Fair Hearing conducted by a Department of Labor & Economic Growth administrative law judge or Mediation utilizing mediators from the Michigan Supreme Court Community Dispute Resolution Program. In the case of Mediation or a Fair Hearing, the individual or his/her representative will be provided an opportunity to select from at least two qualified professionals to handle the proceedings. A request for any, or all, of these processes may be initiated in the form of a letter or phone call to the Michigan Commission for the Blind Hearings Coordinator. The Michigan Commission for the Blind will pay for the administrative costs of these services.

If a Fair Hearing is requested, it will be conducted within 60 calendar days of the request. The Administrative Law Judge will provide a report of his/her findings and a decision to the Michigan Commission for the Blind and to the individual or his/her representative within 30 calendar days of the completion of the Fair Hearing. This decision must be based on the provisions of the approved State Plan, the provisions of the 1998 Amendments to the Rehabilitation Act, Public Act 260 and the Michigan Commission for the Blind policy.

Either party may request a review of the Administrative Law Judge’s decision by the Director of the Department of Labor & Economic Growth within 20 calendar days of the issuance of that decision. An individual or his/her representative must request this review in writing to the Michigan Commission for the Blind Hearings Coordinator. The Department of Labor & Economic Growth Director has up to 20 calendar days to notify an individual or his/her representative if a review of the decision is being conducted. The Department of Labor & Economic Growth Director cannot delegate the responsibility for this decision. During this time, both parties may submit additional evidence and information relevant to the final decision under review. The Department of Labor & Economic Growth Director may not overturn the decision or any part of the decision that supports the individual’s position unless the Department of Labor & Economic Growth Director concludes, based on clear and convincing evidence, that the Administrative Law Judge’s decision is clearly erroneous on the basis of being contrary to the laws cited above. If notice is not served, the Administrative Law Judge's decision is final. Within 30 calendar days, the Department of Labor & Economic Growth Director will notify the individual or his/her representative of the final agency decision and the grounds for the decision, in writing. The final decision, either by the Administrative Law Judge or the Department of Labor & Economic Growth Director, if a review is conducted, will be implemented pending civil action filed by either party in any state or federal court with competent jurisdiction. If an action is filed, the court shall review all pertinent information, hear additional evidence if requested by either party, render a decision based on the preponderance of the evidence and grant such relief as the court determines appropriate.

If an Administrative Review is requested, a Michigan Commission for the Blind administrator not directly involved with the case will be assigned to review the information and make recommendations for possible resolution of the issue. This review will be conducted within 10 days of the request, and recommendations will be made within 10 calendar days of when the Administrative Review was conducted. Recommendations arising are not binding to either party. An Administrative Review shall in no way deny or delay an individual’s right to a Fair Hearing.

Mediation is another form of dispute resolution that may be requested by an individual or his/her representative with an unresolved issue regarding his/her case. This process is voluntary on the part of both parties. Entering into the Mediation process will in no way deny or delay the Fair Hearing process. The mediation process should commence within 20 calendar days of the request and in a location convenient to both parties. Mediation proceedings are confidential and may not be used by either party as evidence during any subsequent due process hearing or civil proceeding. Parties may be asked to sign a "confidentiality pledge" before entering the process. If an agreement is reached during the Mediation process, the parties will receive a written copy within 20 calendar days of the agreement.

CLIENT ASSISTANCE PROGRAM

The Client Assistance Program is available to assist individuals in resolving disputes with Michigan Commission for the Blind consumer services. The Client Assistance Program staff will also answer questions and provide information regarding agency services. The following are the primary objectives of the Client Assistance Program:

A. To provide information, advice and clarification to individuals about their rights, responsibilities and the services available from the Michigan Commission for the Blind;

B. To advocate for the fair and mutually satisfactory resolution of individual complaints including assistance in the appeals process.

C. To report to management on the type and frequency of individual complaints, dissatisfactions and misunderstandings for program assessment purposes.

Counselors/teachers are to make individuals fully aware of the services of the Client Assistance Program at the time of application, at the initiation of the Individual Plan for Employment and at case closure. Clients must also be informed of the Client Assistance Program phone number. That number is 800-292-5896.

DATA COLLECTION

The Michigan Commission for the Blind shall collect and utilize data necessary to complete federal and state reports. Other data will be collected as necessary to manage the program.

COMMUNITY RESOURCE UTILIZATION

The Michigan Commission for the Blind shall comply with the provisions of all written agreements with individuals, service providers, referral resources and other organizations. The Michigan Commission for the Blind shall assure that maximum utilization is made of public, vocational and technical training programs and other community resources in providing vocational rehabilitation services. To the extent possible, services will be provided in integrated community settings. Service providers, materials and facilities must be accessible. Personnel used by service providers must be qualified in accordance with any applicable national, state or recognized licensing or registration requirements or other comparable requirements that apply to the profession/discipline of the personnel providing services.

Service providers must take affirmative action to employ and advance in employment qualified individuals with disabilities. Service providers must obtain the services of individuals who are able to communicate in the native languages of applicants/eligible individuals who have limited English speaking ability and must ensure that appropriate modes of communication for all applicants/eligible individuals are used. Finally, service providers must have adequate and appropriate policies and procedures to prevent fraud, waste and abuse.

RATES OF PAYMENT

The regional supervisor must approve any exceptions to payment amounts in the fee schedule. The duration of each major service must be determined on an individual basis and be reflected in that individual's Individual Plan for Employment or subsequent amendments. Non-mandated agency services provided during the eligibility determination and assessment of rehabilitation needs must be justified in the case record. There are no absolute time limits on the provision of specific services or on the provision of services to an individual. Vendors must be given a written authorization simultaneous with or prior to the purchase of a service. If an emergency arises which does not allow sufficient time to transmit the written authorization to the vendor, the responsible counselor/teacher or his/her supervisor may give oral authorization, which must be documented immediately in the case file. The authorization to the vendor must be made no later than the working day following the oral authorization and there must be a notation in the case narrative as to the cause and action which was taken. The Michigan Commission for the Blind, as a state agency, is exempt from paying sales tax on goods and services.

EQUIPMENT PURCHASE

Equipment (a single item or components of a working unit) which costs more than $1000, purchased for an individual by the Michigan Commission for the Blind, will be tagged according to state policy and will remain the property of the Michigan Commission for the Blind for a period of three years from the date of delivery. During the three years this equipment will be reclaimed by the counselor/teacher if the equipment is no longer necessary as dictated by the details of the individual's Individual Plan for Employment or if there is evidence that equipment is being abused. The Michigan Commission for the Blind will be responsible for the repair and routine maintenance of the equipment while the individual's case remains open. The individual is responsible for the proper care and handling of this equipment while it is in his/her possession.

CLIENT PARTICIPATION IN COSTS

Individuals will be encouraged, to the extent possible, to contribute financially to the costs of achieving the goals outlined in their Individual Plan for Employment.

COMPARABLE BENEFITS

Prior to providing any rehabilitation services to an eligible individual or to members of the individual's family, the Michigan Commission for the Blind shall determine whether comparable services and benefits exist under any other program and whether those services and benefits are currently available to the individual. If comparable services and benefits are currently available, the Michigan Commission for the Blind shall utilize them, in whole or in part, to offset the cost to the Michigan Commission for the Blind. If comparable benefits exist but are not available at the time needed to achieve the individual's rehabilitation objectives, the Michigan Commission for the Blind shall provide the services until the comparable benefits and services become available. If acquiring comparable benefits would delay the provision of rehabilitation services to any individual who is determined to be at extreme medical risk, based on documentation by an appropriate qualified medical professional, or an immediate job placement would be lost due to a delay in the provision of comparable services and benefits, the Michigan Commission for the Blind will proceed with those services. The Michigan Commission for the Blind may proceed with the following services without determining the availability of comparable services:

A. Assessment for determining eligibility and priority for services;

B. Assessment for determining rehabilitation needs;

C. Counseling, guidance and referral;

D. Training and related expenses, except those for higher education;

E. Placement services;

F. Rehabilitation technology; and

G. Post-employment services related to items A-F above.

SERVING CLIENTS WITH COMMUNICABLE DISEASES

The Michigan Commission for the Blind will serve individuals with human immunodeficiency virus (HIV), AIDS, hepatitis and other communicable diseases if those individuals meet the general criteria for eligibility. In order to ensure safety, staff must follow the safety procedures provided under the Procedures section of this manual. The procedures will be reviewed annually to assure that they reflect the most current professional practices.