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repealed and the following is substituted in lieu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