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Supported employment services

Effective July 1, 2018, supported employment services began the transition to the new disability waiver employment services. For more information, see the new disability waiver employment services section.

Page posted: 10/1/03

Page reviewed: 7/13/16

Page updated: 7/11/18

Legal authority

Federally approved BI, CAC, CADI and DD waiver plans, Minn. Stat. §245D.03

Definition

Supported employment services: Services that help people find and keep paid employment in community businesses where people without disabilities are employed.

New disability waiver employment services

The 2017 Minnesota Legislature and the Centers for Medicare & Medicaid Services (CMS) approved the development and implementation of new Medical Assistance (MA) disability waiver employment services for the Brain Injury (BI), Community Alternative Care (CAC), Community Access for Disability Inclusion (CADI) and Developmental Disabilities (DD) waivers:

Timeline

Effective July 1, 2018, the new disability waiver employment services went into effect and will eventually replace supported employment services. People eligible for MA disability waiver service programs can either:

  • • Replace existing supported employment services with the new disability waiver employment services
  • • Be authorized to receive the new disability waiver employment services as part of their individualized service and support plan.
  • Service authorizations

    Effective September 1, 2018, DHS no longer will allow for further service authorizations for legacy supported employment services. Starting September 1, 2018, DHS only will allow service authorizations for the new disability waiver employment services (i.e., exploration, development and support).

    Payments

    Effective September 1, 2019, waiver payments for legacy supported employment services will end. Beginning September 1, 2019, only the new waiver employment services (i.e., exploration, development and support) will receive waiver payments.

    Covered services

    Covered services that require direct contact with the person include:

  • • Individual and small-group counseling
  • • Individual job development and placement to find an appropriate job match for the person and the employer
  • • Individualized work-related assessment
  • • Long-term support to help the person keep his/her job
  • • Supervision and monitoring of the person’s job performance
  • • Training on position-specific skills, skills required to obtain and retain employment (e.g., using community resources), how to use break and lunch areas and transportation resources.
  • Covered services that do not require direct contact with the person include:

  • • Advocacy, negotiation and liaison communications with employers
  • • Benefit(s) review and analysis
  • • Design and implementation of schedules for support, job coach fading (i.e., reducing paid on-the-job support) and remote monitoring
  • • Development of the person’s natural work supports
  • • Employment marketplace research
  • • Employment-specific transportation coordination
  • • Job application, resume and cover letter development
  • • Job-specific data collection, documentation and progress reporting
  • • Negotiation of the person’s employment
  • • Outreach with community businesses about available employment opportunities.
  • Non-covered services

    The following are non-covered services:

  • • Administrative activities
  • • Incentive payments
  • • Subsidies
  • • Unrelated vocational training expenses.
  • Examples include:

  • • Incentive payments to an employer to encourage or subsidize the employer’s participation in a supported employment program
  • • Payments for vocational training that is not directly related to the person’s supported employment program
  • • Payments that are passed through to users of supported employment programs.
  • Waiver funds cannot be used to directly compensate a person’s wage.

    Service authorization

    Effective September 1, 2018, DHS no longer will allow for further service authorizations for legacy supported employment services. Starting September 1, 2018, DHS only will approve service authorizations for the new waiver employment services (i.e., exploration, development and support). For more information, see the timeline section.

    Before supported employment services are authorized, the case manager/service coordinator must determine that the employment services the person needs are not available under a program funded by either the Rehabilitation Act of 1973 or Individuals with Disabilities Education Act (IDEA).

    For more information about this process for people who are under age 22, see CBSM – Supported employment services funding for youth in transition (PDF).

    For more information about this process for adults, see CBSM – Supported employment services funding for adults (PDF).

    Secondary information

    The lead agency determines the person’s transportation needs and resources. To support a person’s employment success, the lead agency may authorize transportation through the transportation waiver service (see CBSM – Transportation).

    The person has a choice in his or her supported employment services provider. The case manager/service coordinator will refer the person to a service provider.

    Limitations

    DD Waiver

    Supported employment services delivered through the DD Waiver must be provided on an individual basis. Supported employment services are not reimbursable for group employment arrangements (e.g., work crews, job enclaves, etc.).

    Service principles and rate-setting procedures for day training and habilitation (DT&H) do not apply to supported employment services provided through the DD Waiver (Minn. Stat. §252.40 through 252.46).

    BI, CAC and CADI waivers

    Supported employment services delivered through the BI, CAC and CADI waivers can be provided on an individual basis or in a group employment arrangement of no more than three people (e.g., work crews, job enclaves, etc.).

    School-age youth and adults younger than age 22

    Public schools cannot contract or make arrangements with service providers or employers to provide work programs or jobs that pay subminimum wage to students.

    WIOA and subminimum wage informed choice

    Workforce Innovation and Opportunity Act (WIOA) and Limitations on the Use of Subminimum Wages (34 Code of Federal Regulations) requires Vocational Rehabilitation Services (VRS) to provide an informed choice process to people with disabilities about integrated community employment that pays at least federal minimum wage.

    Before a person with a disability can be paid a subminimum wage, the subminimum-wage employer must have both of the following:

    1. A special 14(c) certificate from the U.S. Department of Labor
    2. Written documentation that the person both:

  • • Received an informed choice process required by WIOA
  • • Chose to earn subminimum wages.
  • WIOA informed choice processes are different based on a person’s age. For more information, see:

    Provider standards and qualifications

    Supported employment services are DHS enrollment-required services. A supported employment services provider must:

  • • Enroll with Minnesota Health Care Programs (MHCP)
  • • Have a 245D license as an intensive support service provider.
  • For more information, see CBSM – Waiver/AC provider enrollment standards.

    Reporting

    A provider licensed under 245D must report all uses of controlled procedures, emergency use of manual restraint and prohibited procedures according to Minn. Stat. 245D.06, subd. 5 to DHS via the Behavioral Intervention Report Form DHS-5148.

    Background studies

    Minn. Stat. Chapter 245C requires a licensed program to conduct background studies. Providers who have direct contact with a person must have a completed background study (for a complete list, see Minn. Stat. 245D.03). A provider must complete and submit individual background studies using New Electronically Transmitted Study (NETStudy) through DHS licensing.

    Additional resources

    CBSM – Day training and habilitation (DT&H)
    CBSM – Employment development services

    CBSM – Employment exploration services

    CBSM – Employment support services

    CBSM – Prevocational services

    CBSM – Supported employment services funding for adults (PDF)

    CBSM – Supported employment services funding for youth in transition (PDF)

    CBSM – Transportation

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