This chapter implements the Rehabilitation Act of 1973, as amended, 34 CFR 76, 77, and 365, and Education Article, §§21-301—21-303, Annotated Code of Maryland, which establish a program of rehabilitation services to assist transitioning students, consistent with Regulation .03A of this chapter, and adults with significant disabilities to function independently. In this chapter, the following words have the meanings indicated. Terms Defined. “Applicant” means an individual who has: Requested independent living services provided by the Division; Completed and signed the Division's application form or provided equivalent information; and Provided information necessary to initiate an assessment to determine eligibility. “Client” means an applicant for or recipient of independent living services provided by the Division. “Client Assistance Program” has the meaning stated in COMAR 13A.11.01.03. “Customary charge” has the meaning stated in COMAR 13A.11.01.03. “Division” means the Division of Rehabilitation Services, the State agency designated to administer the Independent Living Program. “Eligible individual” means an individual who meets the criteria in Regulation .04 of this chapter. “Family member” has the meaning stated in COMAR 13A.11.01.03. Independent Living Plan. “Independent living plan” means the Division form identifying the independent living goal, services, and financial contribution of the individual. “Independent living plan” also encompasses other written documentation of the independent living goal, services, and financial contribution of the individual if the individual waives the requirements of an independent living plan. “Independent living services” means those services listed under Regulation .06 of this chapter. “Individual with significant disabilities” means an individual with a severe physical or mental impairment whose ability to function independently in family or community, or whose ability to obtain, maintain, or advance in employment is substantially limited and for whom the delivery of independent living services will improve the ability to function, continue functioning, or move towards functioning independently in the family or community, or to continue in employment, respectively. “Individual's representative” has the meaning stated in COMAR 13A.11.01.03. “Personal assistance services” means a range of services: Provided by one or more persons; Designed to assist an individual with a disability to perform daily living activities on or off the job that the individual would typically perform if the individual did not have a disability; and Designed to increase the individual's control in life and ability to perform every day activities on or off the job. “Physical or mental impairment” has the meaning stated in COMAR 13A.11.01.03. “Preauthorized” has the meaning stated in COMAR 13A.11.01.03. “Prescription” has the meaning stated in COMAR 13A.11.01.03. “Provider” has the meaning stated in COMAR 13A.11.01.03. “Purchase order” has the meaning stated in COMAR 13A.11.01.03. “Purchasing card” has the meaning stated in COMAR 13A.11.01.03. “Rehabilitation technology” has the meaning stated in COMAR 13A.11.01.03. “Transportation” means necessary travel in connection with an individual with a significant disability engaging in or maintaining employment or improving the individual's ability to carry out independent living activities within family or community. An individual may apply for independent living services by contacting the Division directly or upon referral by individuals, organizations, public or private agencies, and other sources. Students with disabilities shall be referred by local education agencies not later than the fall semester of the next to last year before the student's anticipated exit from school. The individual or referral source shall, to the extent possible, make available to the Division medical, social, and vocational information to assist in the determination of eligibility for independent living services under Regulation .04 of this chapter. The Division shall schedule an interview with the individual upon initial contact or referral to: Explain the Independent Living Program, the individual's rights, including the right to pursue mediation and the right to an appeal hearing under COMAR 13A.11.07, and the availability of the resources within the Client Assistance Program; and Invite the individual to complete an application for services. The Division shall conduct an assessment of independent living potential for each individual with a significant disability who applies for independent living services. The assessment: Is limited to that information necessary to determine whether the individual is eligible to be provided independent living services and to determine which independent living services are needed; Takes into consideration any relevant information available from Division files or from other agencies; Is sufficient in scope to determine which services will best meet the current and future needs of the individual for functioning more independently in family or community or engaging or continuing in employment. The Division shall conduct an assessment specifically for purposes of determining eligibility for independent living services only if already available information is not complete, relevant, or current. The eligibility requirements shall be applied by the Division without regard to sex, race, creed, color, age, national origin, residence, physical or mental disability, or political affiliation. An applicant's eligibility for independent living services shall be based upon: The presence of a significant physical or mental disability; The presence of a substantial limitation in ability to function independently in family or community or to engage or continue in employment; and A presumption that the delivery of independent living services will improve the individual's ability to function independently in family or community or to engage or continue in employment. For purposes of determining an applicant's eligibility for independent living services, improvement in ability to function independently in family or community refers to a demonstration in functional and behavioral terms of an individual's greater independence or maintenance of independence in areas such as: Self-care; Activities of daily living; Access to personal transportation; Using public transportation; Shopping; Housekeeping; Communicating; or Living more independently. The Division shall certify in writing the reasons for finding an individual eligible for independent living services and shall have pertinent documentation supporting the certification. The certification of eligibility shall be dated and signed by the rehabilitation counselor. If the individual has an employment goal and is eligible for vocational rehabilitation services, the individual shall be served through the vocational rehabilitation program (COMAR 13A.11.01). An independent living plan shall be initiated and periodically updated for each eligible individual who is provided independent living services unless the individual waives the requirement of the independent living plan in writing. If the independent living plan is waived, services to be provided shall be documented by the rehabilitation counselor in the record of services. The independent living plan shall be developed jointly by the rehabilitation counselor and the eligible individual or, as appropriate, individual and the individual's representative. Independent living services shall be provided in accordance with the independent living plan. The Division shall provide a copy of the independent living plan and any amendments to the eligible individual or, as appropriate, the individual and the individual's representative and shall advise the eligible individual or, as appropriate, the individual's representative, of the procedures and requirements affecting the development and review of the independent living plan. The independent living plan shall be initiated after the certification of eligibility under Regulation .04 of this chapter. The independent living plan shall include, as appropriate: A determination of whether the eligible individual wishes to waive the requirement of the independent living plan; The independent living goal; The specific independent living services to be provided to achieve the established goal; The provider of and projected date for the initiation of each independent living service; The amount of the eligible individual's participation in the cost of services, if any: The comments of the eligible individual or, as appropriate, the individual and the individual's representative, concerning the independent living plan; and A description of the availability of the resources within the Client Assistance Program and a statement of the eligible individual's rights and the means by which the individual may express and seek remedy for any dissatisfaction, including the right to pursue mediation and the right to an appeal hearing under COMAR 13A.11.07. The independent living plan shall be reviewed as often as necessary but at least on an annual basis to determine whether services should be continued, modified, or discontinued, or whether the individual should be referred to a program of vocational rehabilitation services under COMAR 13A.11.01 or to any other program of assistance. The eligible individual, or, as appropriate, the individual and the individual's representative, shall be given an opportunity to review the program and, if necessary, jointly redevelop and agree by signature to its terms. The eligible individual or, as appropriate, the individual and the individual's representative, shall sign the independent living plan and any amendments indicating that the: Independent living plan was jointly developed; and Individual agrees to the terms of the independent living plan. The development of the independent living plan for transitioning students shall be coordinated to the maximum extent possible with the individualized education program for the individual prepared under Individuals with Disabilities Education Act, as amended. Independent living services are any goods or services necessary to assist an eligible individual in becoming more independent and include: Independent living core services; Information and referral services, Independent living skills training, Peer counseling, including cross-disability peer counseling, and Individual and systems advocacy; Evaluation of independent living potential, including diagnostic and related services incidental to the determination of eligibility for, and the nature and scope of, services to be provided; Counseling services, including psychological, psycho-therapeutic, and related services; Services related to securing housing or shelter, including services related to community group living that promote independence, and adaptive housing services, including appropriate accommodations to and modifications of any space used to serve, or to be occupied by, individuals with significant disabilities; Personal assistance services, including attendant care and the training of personnel providing these services; Transportation, including referral and assistance for transportation; Rehabilitation technology; Services and training for individuals with cognitive and sensory disabilities, including life skills training and interpreter and reader services; Individual and group social and recreational services; Mobility training; Surveys, directories, and other activities to identify appropriate housing, recreation opportunities, accessible transportation, and other support services; Consumer information programs on rehabilitation and independent living services available under the Rehabilitation Act, especially for minorities and other individuals with significant disabilities who have traditionally been unserved or underserved; Education and training necessary for living in a community and participating in community activities; Supported living; Physical rehabilitation; Therapeutic treatment; Provision of needed prostheses and other appliances and devices; Services under other federal, state, or local programs designed to provide resources, training, counseling, or other assistance of substantial benefit in enhancing the independence, productivity, and quality of life of individuals with significant disabilities; Community awareness programs to enhance the understanding and integration into society of individuals with significant disabilities; Any appropriate preventive services necessary to decrease the future needs of individuals with significant disabilities assisted under this program for similar services; and Any other vocational rehabilitation services available under COMAR 13A.11.01, which are appropriate to the independent living needs of an individual with a significant disability. The regulations under COMAR 13A.11.01.09 apply. The regulations under COMAR 13A.11.01.10 apply. The schedule under COMAR 13A.11.01.15 applies. The regulations under COMAR 13A.11.01.11 apply. The regulations under COMAR 13A.11.06 apply. The decision to close a record of services shall be made only with the full participation of the applicant or eligible individual, or, as appropriate, the individual and the individual's representative, unless the individual has refused to participate, is no longer present in the State, or cannot be located. The views of the individual or, as appropriate, the individual and the individual's representative, shall be recorded in the record of services. 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: Reasons for the decision; 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 Availability of the resources within the Client Assistance Program. If a record of services is closed based on a determination that independent living services will not significantly assist the individual to improve the individual's ability to function independently in family or community or to engage or continue in employment, the Division shall review the decision within 12 months after the determination has been made. The individual shall be given written notice and opportunity to participate in the review, unless the individual refused a review, is no longer present in the State, or the individual's whereabouts are unknown. The Division shall conduct subsequent reviews at the request of the individual. Criteria for Closing a Record of Services. A record of services shall be closed when: The individual has been determined ineligible under Regulation .04 of this chapter or because the provision of independent living services under an independent living plan has demonstrated that the individual is not capable of functioning more independently in family or community or engaging or continuing in employment; The individual has declined services or failed to cooperate with the independent living program; The individual has moved out of the State or cannot be located; or The independent living goal of the individual included on the independent living plan has been achieved. A certification of ineligibility indicating the reasons for the determination in §D(1)(a) of this regulation shall be completed, dated, and signed by the counselor. When the record of services is closed, there shall be documentation describing the way in which the individual has benefited from independent living services and has significantly improved the ability to engage or continue in employment or to function independently in family or community. The provisions of COMAR 13A.11.01.16 apply. The provisions of COMAR 13A.11.01.17 apply. Education Article, §§21-301—21-306, Annotated Code of Maryland Effective date: October 3, 1988 (15:20 Md. R. 2335) Regulation .01, Independent Living Services, repealed effective May 27, 1991 (18:10 Md. R. 1117) Regulations .01—.13, Independent Living Rehabilitation Services, adopted effective May 27, 1991 (18:10 Md. R. 1117) Regulation .02B amended effective February 28, 1994 (21:4 Md. R. 277) Regulation .14 adopted effective February 28, 1994 (21:4 Md. R. 277) Regulation .15 adopted effective February 28, 1994 (21:4 Md. R. 277) Chapter revised effective August 7, 2000 (27:15 Md. R. 1402) Regulation .01 amended effective December 6, 2007 (34:24 Md. R. 2159) Regulation .03A amended effective December 6, 2007 (34:24 Md. R. 2159) Regulation .04C amended effective December 6, 2007 (34:24 Md. R. 2159) Regulation .12B amended effective December 6, 2007 (34:24 Md. R. 2159)