[Federal Register Volume 74, Number 238 (Monday, December 14, 2009)]
[Proposed Rules]
[Pages 66075-66076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-29669]
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SOCIAL SECURITY ADMINISTRATION
20 CFR Parts 404 and 416
[Docket No. SSA-2009-0040]
RIN 0960-AF80
Revised Procedures and Criteria for Payment of Vocational
Rehabilitation Services Under the Cost Reimbursement Program
AGENCY: Social Security Administration.
ACTION: Advance notice of proposed rulemaking.
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SUMMARY: We are requesting your comments on whether and how we should
revise our rules governing payment for vocational rehabilitation (VR)
services under the cost reimbursement program. Our current regulations
do not reflect programmatic changes resulting from the new regulations
we issued in May of 2008 for the Ticket to Work and Self-Sufficiency
Program (Ticket to Work program). We are requesting your comments as
part of our ongoing effort to ensure that the regulations governing
cost reimbursement for VR services are current and support our other
return to work programs, specifically the Ticket to Work and Work
Incentive programs. If we propose specific revisions, we will publish a
Notice of Proposed Rulemaking in the Federal Register.
DATES: To ensure that we consider your comments, we must receive them
no later than February 12, 2010.
ADDRESSES: You may submit comments by any one of three methods--
Internet, fax, or mail. Do not submit the same comments multiple times
or by more than one method. Regardless of which method you choose,
please state that your comments refer to Docket No. SSA-2009-0040 so
that we may associate your comments with the correct regulation.
Caution: You should be careful to include in your comments only
information that you wish to make publicly available. We strongly urge
you not to include in your comments any personal information, such as
Social Security numbers or medical information.
1. Internet: We strongly recommend this method for submitting your
comments. Visit the Federal eRulemaking portal at http://www.regulations.gov. Use the Search function of the webpage to find
docket number SSA-2009-0040, then submit your comment. Once you submit
your comment, the system will issue you a tracking number to confirm
your submission. You will not be able to view your comment immediately
as we must manually post each comment. It may take up to a week for
your comment to be viewable.
2. Fax: Fax comments to (410) 966-2830.
3. Mail: Mail your comments to the Office of Regulations, Social
Security Administration, 137 Altmeyer Building, 6401 Security
Boulevard, Baltimore, Maryland 21235-6401.
Comments are available for public viewing on the Federal
eRulemaking portal at http://www.regulations.gov or in person, during
regular business hours, by arranging with the contact person identified
below.
FOR FURTHER INFORMATION CONTACT: Brian Rudick, Office of Regulations,
Social Security Administration, 6401 Security Boulevard, Baltimore, MD
21235-6401, (410) 965-7105. For information on eligibility or filing
for benefits, call our national toll-free number, 1-800-772-1213 or TTY
1-800-325-0778, or visit our Internet site, Social Security Online, at
http://www.socialsecurity.gov.
SUPPLEMENTARY INFORMATION:
Electronic Version
The electronic file of this document is available on the date of
publication in the Federal Register at http://www.gpoaccess.gov/fr/index.html.
What Is The Purpose of This Advance Notice of Proposed Rulemaking
(ANPRM)?
This ANPRM gives you an opportunity to provide input concerning
whether and how we might revise our procedures and criteria for
payments to State VR agencies for VR services provided to disability
beneficiaries under the cost reimbursement system. The regulations
governing State VR agency cost reimbursement are found in 20 CFR part
404, subpart V, and part 416, subpart V. We last published rules for
this program in the Federal Register on July 7, 2003. We are publishing
this ANPRM as part of our ongoing effort to ensure that our criteria
are effective and provide accurate guidance regarding the connection
between the VR cost reimbursement and Ticket to Work programs.
On Which Rules Are We Inviting Comments?
We are interested in any comments and suggestions you have about
how we should revise 20 CFR part 404, subpart V, and part 416, subpart
V. You can find the current rules for the cost reimbursement program on
the Internet at the following locations:
[[Page 66076]]
http://www.access.gpo.gov/nara/cfr/waisidx_09/20cfr404_09.html
http://www.access.gpo.gov/nara/cfr/waisidx_09/20cfr416_09.html.
Who Should Send Us Comments and Suggestions?
We invite comments and suggestions from people who have an interest
in the rules we use to administer the VR cost reimbursement program,
people who apply for or receive benefits from us, members of the
general public, State VR agencies, advocates and organizations who
represent parties interested in cost reimbursement and the Ticket to
Work programs, and others.
What Should You Comment About?
We issued initial Ticket to Work program regulations on December
23, 2001 (66 FR 67369). On May 20, 2008, we published amendments to
those rules based on our experience administering the Ticket to Work
program (73 FR 29324). While those rules simplified the program and
made it more attractive to beneficiaries and potential service
providers, we have not yet fully updated the regulations governing the
VR cost reimbursement program to complement the Ticket to Work program.
In advance of proposing regulatory changes to the VR cost
reimbursement program, we would like your general comments, as well as
comments on a few specific issues. These specific issues include:
1. What changes to the VR cost reimbursement regulations might we
consider to make them work more effectively with the Ticket to Work
program?
2. Is the list of services for which payment may be made, found at
20 CFR 404.2114 and 416.2214, adequate and comprehensive? If not, what
changes to the list of allowable services should we consider?
3. Under the Ticket to Work program, our rules discount payments to
an EN when it accepts a ticket assignment for job retention services
for a beneficiary who is a former VR agency client and was working when
the VR agency closed the VR case. 20 CFR 411.585. Our reimbursement
rules do not cover the reverse situation: when the EN is the first
provider and the VR agency later provides job retention or career
advancement services. How should we avoid duplicate payments for the
same services while ensuring that individuals get the services they
need to maximize opportunities for employment?
4. Benefits planners (including those with the Work Incentives
Planning and Assistance organizations) provide information to
beneficiaries with disabilities regarding the effect of earnings on
many types of benefits. We would appreciate your comments about how
benefits planning can become a more central part of a beneficiary's
participation in the VR process.
Will We Respond to Your Comments From This Notice?
We will not respond directly to comments you send in response to
this ANPRM. After we have considered all comments and suggestions as
well as what we have learned from our program experience administering
the cost reimbursement option under the Ticket to Work program, we will
determine whether and how we should revise our regulations. If we
decide to propose specific revisions, we will publish a Notice of
Proposed Rulemaking in the Federal Register, and you will have a chance
to comment on the revisions we propose.
List of Subjects
20 CFR Part 404
Administrative practice and procedure, Blind, Disability benefits,
Old-age, Survivors, and Disability insurance, Reporting and
recordkeeping requirements, Social Security, Vocational rehabilitation.
20 CFR Part 416
Administrative practice and procedure, Aged, Blind, Disability
benefits, Public assistance programs, Reporting and recordkeeping
requirements, Supplemental Security Income (SSI), Vocational
rehabilitation.
Dated: November 9, 2009.
Michael J. Astrue,
Commissioner of Social Security.
[FR Doc. E9-29669 Filed 12-11-09; 8:45 am]
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