Guidance for employment services authorization

Page posted: 7/7/21
Page updated: 3/9/26

This resource supports lead agencies and their designated case managers by providing information to help them:

· Understand how home and community-based services (HCBS) waiver employment services work together with Vocational Rehabilitation Services/State Services for the Blind (VRS/SSB) and Individuals with Disabilities Education Act (IDEA) services.

· Determine the services a person needs through the waiver.

· Authorize those services.

It includes information about:

· Policy background.

· Determining VRS/SSB and IDEA availability.

· Background about E1MN, VRS/SSB and IDEA.

· Best practices.

· Additional resources.

Policy background

According to the Centers for Medicare & Medicaid Services (CMS), HCBS waiver employment services cannot include services available under:

· Rehabilitation Act of 1973, as amended by the Workforce Innovation and Opportunity Act (WIOA).

· IDEA.

To comply with this requirement, lead agencies must ensure VRS/SSB or IDEA services are not available to the person before authorizing employment services.

Determining VRS/SSB and IDEA availability

The following tables can help case managers determine if they can authorize employment services. These tables are based on the person’s school status, the employment service they are considering and whether they are able to access VRS/SSB or IDEA services.

Person in grade 9 through age 22 and enrolled in high school or a school transition program

Waiver service	Can the case manager authorize it?
Employment exploration services	No. VRS/SSB and IDEA provide similar services as part of their transition services. The person should access VRS/SSB and/or IDEA services.
Employment development services – plan phase	No. VRS/SSB and IDEA provide similar services as part of their transition services. The person should access VRS/SSB and/or IDEA services.
Employment development services – find phase	No. VRS/SSB and IDEA provide similar services as part of their transition services. The person should access VRS/SSB and/or IDEA services.
Employment support services	Sometimes. IDEA provides similar services. The person should access IDEA services during school hours. The case manager can authorize employment support services for out-of-school hours.

Person not enrolled in high school or a school transition program

Waiver service	Can the case manager authorize it?
Employment exploration services	Yes. VRS/SSB does not provide this service.
Employment development services – plan phase	Yes. Employment development services – plan phase provides these supports if the person and their team identify them as needed before the person applies to VRS/SSB.
Employment development services – find phase	Sometimes. VRS/SSB provides similar services. The case manager can only authorize employment development services – find phase if they determine VRS/SSB services are unavailable to the person based on one of the following reasons: · VRS/SSB ineligible/not priority status: VRS/SSB determines the person is ineligible, or they do not meet an open priority of service category with VRS/SSB. If the person does not meet an open priority of service category, they will be placed on a waitlist maintained by VRS/SSB. · VRS/SSB services exhausted: VRS/SSB determines the person can no longer benefit from their job placement services, and the person wants to continue their job search. The person will get a closure letter from VRS/SSB stating the reason for the closure: They can no longer benefit from VRS/SSB job placement services. If the case manager authorizes employment development services – find phase for one of the reasons listed above, they must: 1. Indicate one of the following reasons in the service notes section of the waiver service authorization: · Ineligible/not priority of service. · Service exhausted. 2. Retain one of the following items in the person’s file: · A copy of the VRS/SSB Ineligibility or VRS/SSB Closed Priority Category letter the person received. · A copy of the VRS/SSB Closure Letter – Referral to Waiver Case Manager for Services indicating VRS/SSB services no longer meet the person’s needs.
Employment support services	Yes. The case manager can authorize employment support services once VRS/SSB determines a person is stable in a job.

Background

The following agencies are working together closely as E1MN:

· Department of Human Services (DHS) – Disability Services Division.

· Department of Education (MDE) – Special Education.

· Department of Employment and Economic Development (DEED) – VRS/SSB.

Together, we are working to align our systems so the people we serve get seamless and timely supports to make informed choices and meet their competitive, integrated employment goals.

The following sections include information for lead agencies to have a basic understanding of the other funding sources for employment-related services through MDE and DEED.

IDEA

IDEA makes available a free, appropriate public education to eligible students with disabilities throughout the nation and ensures they receive special education and related services.

IDEA funding might be available if the child is in special education. Children in general education, including those on a 504 plan, do not have access to IDEA funds.

For children in special education, schools typically only support employment goals:

· During school hours.

· During the school year.

· When directly linked to the person’s Individual Education Program (IEP) goals.

Rehabilitation Act of 1973

The Rehabilitation Act of 1973 provides the funding and service requirements for VRS/SSB. For more information, refer to DEED – People with Disabilities.

WIOA is a federal law that amends the Rehabilitation Act of 1973. WIOA is designed to strengthen and improve the nation’s public workforce development system by helping people with disabilities attain competitive, integrated employment. It sets limitations on subminimum wage and requirements for providing VRS to adults with disabilities, including pre-employment services for youth and limitations on the use of subminimum wages. For more information, refer to CBSM – WIOA.

There are two categories of VRS:

1. Pre-employment transition services (Pre-ETS)

Pre-ETS is available to all students with disabilities age 14–21 who meet the following requirements:

· Have a documented disability through an IEP, 504 or physician’s note.

· Are still in school (i.e., not graduated from high school, in an extended transition program in their high school or in a post-secondary education program) and either:
a. Are eligible for and receiving special education or related services under IDEA with disabilities.
b. Have a disability for the purpose of section 504 of the Rehabilitation Act.

There are five required Pre-ETS activities:

· Job exploration counseling.

· Work-based learning experiences.

· Counseling on opportunities for enrollment in post-secondary education programs.

· Workplace readiness training.

· Instruction in self-advocacy.

To learn more, visit DEED – Pre-ETS.

2. Job-related services

Most people on HCBS waivers are eligible for VRS job-related services.

Job-related services help people prepare for, secure, retain, advance in or regain competitive, integrated employment. For more information, refer to DEED – Scope of VRS and DEED – Supported employment.

VRS also can support vocational training or educational programs, some of which might lead to certification or credentialing in a particular occupation. HCBS waivers do not cover these specific, time-limited trainings.

To learn more, visit DEED – VRS.

Best practices

To coordinate services locally with VRS/SSB, schools and transition programs, the lead agency should:

1. Follow the established E1MN protocols to improve communication, understanding and engagement with people who use services.

2. Develop a relationship with the local VRS/SSB office(s) and schools by:

· Using the support of the VRS/SSB liaison.

· Participating in VRS/SSB planning and IEP school meetings.

3. Invite the VRS/SSB manager to team meetings periodically to train case managers on VRS/SSB services, timeframes, waitlists and updates.

4. Provide training to the local VRS/SSB and school staff about the services the lead agency provides.

Additional resources

CBSM – Employment exploration services
CBSM – Employment development services
CBSM – Employment support services
DHS – Employment First
Disability Hub MN – E1MN partnership
Disability Hub MN – Work toolkit
Disability Hub MN – Work toolkit – Plan
Disability Hub MN – Work toolkit – Find
Disability Hub MN – Work toolkit – Roles and responsibilities