[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]
BILLING CODE 4191-02-P