Community-Based Services Manual (CBSM)

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Community-Based Services Manual (CBSM)

CBSM Waiver programs

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Employment development services

Page posted: 6/27/18		Page reviewed:	Page updated: 7/7/21
Legal authority	Federally approved BI, CAC, CADI and DD waiver plans, 42 C.F.R 5302(a)(22), Minn. Stat. §245D.03
Definitions	Employment development services: Individualized services designed to help a person achieve competitive, integrated employment, become self-employed or establish a microenterprise business in their community. Microenterprise business: A commercial business with five or fewer employees, including the owner(s) of the business. Competitive, integrated employment: Employment that pays a minimum wage or an industry standard, customary or prevailing wage with comparable benefits (e.g., health insurance, leave time).
Eligibility	To receive employment development services, a person must: · Be eligible for Brain Injury (BI), Community Access for Disability Inclusion (CADI), Community Alternative Care (CAC) or Developmental Disabilities (DD) waiver services · Have employment development services as an assessed need in their support plan · Not have access to the same services through Vocational Rehabilitation Services/State Services for the Blind (VRS/SSB) or Individuals with Disabilities Education Act (IDEA). (For more information, see CBSM – Guidance for employment services authorization.)
Covered services	Employment development services consist of both job development services and self-employment/microenterprise development services. This section includes information about covered services. Employment development services also include a plan phase and a find phase. Services must be authorized and provided under one of these phases. For information about each phase, including expected outcomes of the plan phase, see the service phases section. Job development services Requires direct contact (in person or remote participation) Covered job development services that require direct contact with the person include: · Individualized, strengths-based assessments and employment opportunity discovery strategies (Note: This planning phase should not exceed 120 days of service delivery) · Support during new employee orientation for up to 30 days after a person starts a new job position · In-service transportation · Skills training to find and succeed in a job (e.g., interviewing, using community resources, resume writing) · Progress review and reporting meetings. Does not require direct contact (services provided on behalf of the person) Covered job development services that do not require direct contact with the person include: · Employment search assistance and support · Benefit(s) fact-gathering, review and analysis to determine how benefits will interact with employment · Help with negotiating and finalizing terms of employment · Development of job applications, resume and cover letters · Outreach with community businesses about available employment opportunities. Self-employment and microenterprise business development services Requires direct contact Covered self-employment and microenterprise business development services that require direct contact with the person include: · Help with determining the type of business the person wants to establish · Consultation with the person about all business development activities and plans · Help with choosing and registering an available and marketable business name · In-service transportation · Progress review and reporting meetings. Does not require direct contact Covered self-employment and microenterprise business development services that do not require direct contact include collaborating with the person to: · Write a business plan · Find sources of start-up financing · Establish a legal structure for the business · Create a marketing and sales plan · Find a location and get the appropriate certifications, licenses, permits and variances · Purchase all necessary insurances · Develop business forms, records, bookkeeping and accounting systems · Perform benefit(s) fact gathering, review and analysis to determine how benefits will interact with self-employment.
Non-covered services	Employment development services do not cover: · Incentive payments (e.g., payments to an employer to encourage or subsidize the employer’s participation in a development program) · Payments for vocational training that is not directly related to the person’s development program · Direct compensation to supplement a person’s wage · Special education services available and funded under IDEA or vocational services available and funded under Section 110 of the Rehabilitation Act of 1973 (For more information, see CBSM – Guidance for employment services authorization.) · Vocational services in facility-based or sheltered workshop settings.
Remote support	Employment development – plan and find services can be delivered through remote support. Services delivered through remote support must meet all the requirements listed on CBSM – Remote support.
Service phases	Employment development services include a plan phase and a find phase. Services must be authorized and provided under one of these phases. Plan phase The plan phase (T2019 U1) helps the person plan their work goals and discover personal strengths, interests and conditions for employment. The plan phase includes the following excepted outcomes, as part of E1MN agreements to support people as they transition between VRS/SSB and waiver programs. For products associated with these excepted outcomes, helpful resources and information on plan phase activities, see Disability Hub MN – Work toolkit – Plan. Expected outcomes The expected outcomes from the plan phase are: 1. Work goals The person defines overall work goals that align with their strengths, interests, talents and conditions for success. The goals are informed by person-centered discovery and work-based learning experiences. 2. Benefits plan The person knows how work and benefits can go together to support their goals, as well as the tools and resources to help them manage their benefits while working. 3. Job search launch The person is set up for success in the find phase with resources and supports in place to help them reach their work goals. They have a positive summary and portfolio that informs their job search. If needed to prevent a gap in services, the person receives employment search assistance during VRS/SSB eligibility/priority of service determination (up to 60 days). Find phase The find phase (T2019 U8) helps the person search for and obtain competitive, integrated employment or develop a microenterprise business when VRS/SSB is not available. For information and resources to help connect people with VRS/SSB, see Disability Hub MN – Work toolkit – Find.
Limitations	Reauthorization Employment development services are time-limited and should end after a maximum of 12 months following the initial authorization of services. The plan phase should not exceed 120 days of this 12-month timeframe. In some circumstances, the person might need services to continue beyond these time limits. The lead agency can reauthorize employment development services when the person: · Has a verifiable change in employment (e.g., lost their employment, faces reduced hours or wants to seek other employment opportunities) · Experiences a debilitating health condition or life event that significantly interrupts service delivery · Changes service providers · Has submitted an application to VRS/SSB and is waiting on a determination of eligibility/priority for up to 60 days (only applies to the plan phase). Compensation Wage and benefit compensation must comply with all applicable federal laws and regulations, as well as state statute and rules. Microenterprise businesses Microenterprise businesses are restricted to five or fewer people. Service providers cannot be owners, partners, shareholders, operators, employees, independent contractors, subcontractors or otherwise a financial beneficiary of the microenterprise businesses they assist, support and serve.
Secondary information	Connection with other services A person can receive both employment development services and employment support services if they seek other competitive integrated employment opportunities while currently employed (see CBSM – Employment support services).
Provider standards and qualifications	Employment development is a DHS enrollment-required service. Employment development service providers must both: · Enroll with Minnesota Health Care Programs (MHCP) · Have a 245D license as an intensive support service provider. For more information, see CBSM – Waiver/AC service provider overview. All providers of employment services must ensure staff competency. For more information, see DHS – Employment specialist competencies. Background study To provide employment development, providers must have a background study. For more information, see CBSM – Waiver/AC service provider overview – Required DHS background studies for direct-contact services. 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.
Service authorization, rates and billing	Employment development is a framework service. The lead agency uses the Rate Management System (RMS) to determine rates. For more information, see CBSM – RMS. Before authorizing employment development services, the lead agency must ensure VRS/SSB or IDEA school services are not available, in accordance with CBSM – Guidance for employment services authorization. Employment services include in-service transportation. Transportation services that occur between the person’s place of residence and the service site are not covered as part of this service and should be billed as waiver transportation (see CBSM – Transportation). Employment development services cannot be billed as day training and habilitation (DT&H) services, day support services, prevocational services, structured day services or adult day services. DT&H services, day support services, prevocational services, structured day services and adult day services must be authorized and reimbursed on a 15-minute unit basis when employment development services are provided on the same day as these services.
Additional resources	Employment services CBSM – Employment exploration services CBSM – Employment support services DHS – Employment First Day services CBSM – Adult day services CBSM – Day support services CBSM – Prevocational services CBSM – Structured day program Waiver services CBSM – Waiver, AC and ECS general process and procedures CBSM – Waiver/AC service provider overview CBSM – Waiver/AC programs overview CBSM – Transportation Other resources CBSM – Remote support CBSM – Resource: Guidance for employment services authorization CBSM – Resource: Lead agency employment liaisons CBSM – Resource: Transportation and day and employment services Disability Hub MN – E1MN partnership Disability Hub MN – Benefits planning toolkit Disability Hub MN – Work toolkit – Plan Disability Hub MN – Work toolkit – Find Rate Management System (RMS) User Manual RMS User Manual – Quick reference guide on billable indirect time

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