House Bill No. 5460
               House Bill No. 5460

              PUBLIC ACT NO. 98-103


AN ACT CONCERNING A MEANS TEST UNDER THE BUREAU OF
REHABILITATION SERVICES.


    Be it enacted  by  the  Senate  and  House  of
Representatives in General Assembly convened:
    Section 17b-653 of  the  general  statutes  is
repealed and the  following is substituted in lieu
thereof:
    (a) Vocational rehabilitation  services  shall
be provided, [completely  or  in part, at] WITH OR
WITHOUT public cost, directly or through public or
private   instrumentalities,   as   part   of   an
individual written rehabilitation  program  for  a
person with disabilities determined to be eligible
by  the  Bureau  of  Rehabilitation  Services,  in
accordance with Title I of the Rehabilitation Act,
29 USC 701  et seq., as amended from time to time.
Nothing in this section shall be construed to mean
that an individual's ability or inability to share
in the cost  of vocational rehabilitative services
may be taken into account during the determination
of eligibility for such services.
    (b)  If  vocational   rehabilitation  services
cannot be provided  for  all eligible persons with
disabilities  who apply  for  such  services,  the
Department of Social  Services shall determine, in
accordance with Title  I of the Rehabilitation Act
of  1973,  29   USC   701  et  seq.,  and  federal
regulations, as amended  from  time  to  time, the
order to be  followed  in  selecting those to whom
such services will be provided.
    (c) Nothing in  section  17b-650 or subsection
(a) of this section shall be construed to preclude
provision of vocational  rehabilitation  services,
WITH OR WITHOUT  PUBLIC  COST,  to a person with a
disability  under an  extended  evaluation  for  a
total period not  in excess of eighteen months, in
accordance with Title  I of the Rehabilitation Act
of 1973, 29  USC 701 et seq., as amended from time
to time.
    (d)  The Department  of  Social  Services  may
adopt   regulations   in   accordance   with   the
provisions of chapter  54  to  establish standards
and   procedures  governing   the   provision   of
vocational  rehabilitation  services   and,  where
appropriate, [for determining]  A  MEANS  TEST  TO
DETERMINE, based upon  the  financial need of each
eligible   person  with   disabilities,   [whether
vocational  rehabilitation  services   are  to  be
provided completely or  in  part]  THE  EXTENT  TO
WHICH SUCH SERVICES  WILL  BE  PROVIDED  at public
cost. [Regulations developed  to determine whether
vocational  rehabilitation  services   are  to  be
provided completely or  in  part  at  public  cost
shall provide that  all  individuals  required  to
share in the  cost of such services shall make all
payments to the  Department  of  Social  Services.
Funds] ANY FUNDS  received  by the department from
individuals [required to  share in the cost of] OR
THIRD  PARTIES FOR  THE  PROVISION  OF  vocational
rehabilitation  services  shall  be  used  by  the
department to provide such services. [for eligible
recipients.] The regulations [also shall] MAY ALSO
prescribe the procedures [and sanctions to be used
to ensure that]  TO  BE  USED WHEN payment is made
[to the department]  by  individuals  required  to
[share in] CONTRIBUTE  TO  the  cost of vocational
rehabilitation services. REGULATIONS  DEVELOPED TO
IMPLEMENT A MEANS  TEST  SHALL INCLUDE, BUT NOT BE
LIMITED TO: (1)  AN  EXEMPTION  FOR ANY INDIVIDUAL
WITH AN INCOME  OF  LESS THAN ONE HUNDRED PER CENT
OF THE STATE  MEDIAN  INCOME  AND ASSETS WHICH ARE
LESS THAN FIVE  THOUSAND DOLLARS; (2) AN EXEMPTION
FOR  SERVICES COVERED  IN  AN  INDIVIDUAL  WRITTEN
REHABILITATION PROGRAM IN  EFFECT  AT  THE TIME OF
IMPLEMENTATION OF THE MEANS TEST; (3) AN EXCLUSION
FROM  AN  INDIVIDUAL'S  INCOME  OF  THE  COSTS  OF
NECESSARY   AND   REASONABLE    DISABILITY-RELATED
EXPENSES INCLUDING, BUT  NOT  LIMITED TO, PERSONAL
ATTENDANT  SERVICES  AND   MEDICATIONS  FOR  WHICH
PAYMENT IS UNAVAILABLE  TO  THE INDIVIDUAL THROUGH
OTHER BENEFITS OR RESOURCES; (4) AN EXCLUSION FROM
THE  INDIVIDUAL'S  ASSETS  OF  THE  VALUE  OF  THE
INDIVIDUAL'S PRIMARY RESIDENCE  AND MOTOR VEHICLE;
(5) A METHOD  BY  WHICH THE DIRECTOR OF THE BUREAU
OF REHABILITATION SERVICES MAY REDUCE THE LEVEL OF
REQUIRED CONTRIBUTIONS BY  AN  INDIVIDUAL  IN  THE
CASE OF UNDUE HARDSHIP; AND (6) A REQUIREMENT THAT
SUCH BUREAU NOTIFY AN INDIVIDUAL OF THE RESULTS OF
THE MEANS TEST  ANALYSIS  WITHIN  THIRTY  DAYS  OF
RECEIPT OF NECESSARY  FINANCIAL  INFORMATION  FROM
THE INDIVIDUAL. SUCH MEANS TEST SHALL NOT APPLY TO
SERVICES   COVERED  UNDER   A   DETERMINATION   OF
FINANCIAL NEED MADE  BY  AN  INSTITUTION OF HIGHER
EDUCATION. The Department of Social Services shall
develop  the  regulations   in  consultation  with
representatives   of   providers   of   vocational
rehabilitation  services and  recipients  of  such
services or their representatives.

Approved May 22, 1998