(a) Clients eligible for similar benefits shall apply for and fully utilize those similar benefits to the extent required by these regulations.
(b) The utilization of similar benefits shall not apply to the following services, including when those services are received as post-employment services:
(1) Evaluation of rehabilitation potential.
(2) Counseling, guidance and referral.
(3) Vocational and other training services including, personal and vocational adjustment training, books, tools and other training materials provided by a resource other than an institution of higher education.
(5) Rehabilitation engineering services.
(6) Job Coaching Services.
(c) Unless the conditions specified in Section 7198 exist, the completion of a similar benefit review shall be required prior to the authorization of any service not specified in (b). Upon a determination by the Counselor that a similar benefit is available, the Counselor shall advise the client that he or she is required to apply for and use such benefit. If the client refuses to apply for or use the similar benefit, the Counselor shall:
(1) Deny provision of the service(s) for which the similar benefit is available.
(2) Continue the provision of other services for which there is no similar benefit, providing the IPE remains viable and will most likely succeed without the provision of the service(s) that was denied.
(1) Is denied eligibility to a similar benefit, the Counselor shall:
(A) Verify the ineligibility through telephone contacts with the appropriate agency representatives or by viewing a copy of the denial notice.
(B) Document the verification in the case record.
(C) Authorize the service.
(2) Has a similar benefit reduced or terminated, the Counselor shall:
(A) Verify the reduction or termination by one of the methods specified in (1)(A).
(B) Document the verification in the case record.
(C) Assess the circumstances with the client and take one of the following actions, as appropriate:
1. Authorize a supplement to the reduced benefit.
2. Authorize the service that has been terminated by the other source.
3. Amend the IPE in accordance with the provisions in Chapter 2, Article 5 (commencing with Section 7130).
Credits
Note: Authority cited: Sections 19006 and 19016, Welfare and Institutions Code. Reference: Section 19150(b), Welfare and Institutions Code; and 34 CFR Section 361.47(b).
1. Combination, amendment and renumbering of former sections 7031, 7033 and 7034 to section 7196 filed 1-2-92; operative 3-2-92 (Register 92, No. 18).
2. Change without regulatory effect relocating article heading from section 7195 filed 8-17-92 pursuant to title 1, section 100, California Code of Regulations (Register 92, No. 34).
3. New subsection (b)(6) filed 3-16-93; operative 4-15-93 (Register 93, No. 12).
4. Change without regulatory effect amending subsections (c), (c)(2) and (d)(2)(C)3. filed 5-12-2016 pursuant to section 100, title 1, California Code of Regulations (Register 2016, No. 20).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 9, § 7196, 9 CA ADC § 7196
