Hawaii Regulations 12-14-1

"Department", "director", "employee", "employment", "medical services", "physician", and "wages" shall be as defined in section 386-1, HRS.

"Certified rehabilitation provider" or "provider" means an agency with one or more registered rehabilitation specialists who meet the certification criteria under subchapter 3. In accordance with HRS 386-25(b), certified rehabilitation provider also means the department of human services.

"Direct employee services" means all vocational rehabilitation services provided to an employee as part of the vocational rehabilitation process of evaluation, planning, provision, placement, and follow-up.

"Eligibility for vocational rehabilitation services" means the employee has or may have suffered permanent disability as a result of work injuries.

"Enrollee" means an employee who is eligible for and has enrolled in an approved vocational rehabilitation program designed to return the employee to suitable gainful employment.

"Feasibility for vocational rehabilitation services" means the registered rehabilitation specialist has identified the vocational rehabilitation services needed to assist the employee to obtain and maintain suitable gainful employment and has the skill, knowledge, and ability to provide the needed vocational rehabilitation services identified.

"Functional limitations" established by the registered rehabilitation specialist means the negative effects of disability on the performance of tasks required in specific areas of employment.

"Modification of a vocational rehabilitation plan" means a limited change in the plan that does not change the direction of vocational rehabilitation.

"Physical limitations" means specific limitations to one or more physical abilities established by the physician.

"Psychological limitations" means specific limitations in mental and/or behavioral ability established by the physician.

"Registered rehabilitation specialist" or "specialist" means an employee of a certified rehabilitation provider who is registered with the department to provide vocational rehabilitation services and meets the criteria set forth in subchapter 3.

"Rejection of a vocational rehabilitation plan" means the non-approval or denial of a plan by the department's vocational rehabilitation unit.

"Revision to a vocational rehabilitation plan" means a change to the plan which may include but is not limited to a change of goal or changes to the process to achieve the goal, or both.

"Suitable gainful employment" means employment or selfemployment within the geographical area where the employee resides, which is reasonably attainable and which offers an opportunity to restore the employee's earning capacity as nearly as possible to that level which the employee was earning at the time of injury and to return the employee to the active labor force as quickly as possible in a cost effective manner, giving due consideration to the employee's qualifications, interests, incentives, future earning capacity, and the present and future labor market.

"Suspension of a vocational rehabilitation plan" means to stop temporarily the implementation or continuation of a plan.

"Vocational rehabilitation plan" or "plan" means an approved plan prepared by a certified rehabilitation provider with an employee that is designed to assist the employee to obtain and maintain suitable gainful employment.

"Vocational rehabilitation program" or "program" means the sequence of vocational rehabilitation services beginning upon an employee's enrollment in vocational rehabilitation and continuing until services are terminated by the director.

"Vocational rehabilitation services" or "services" means services provided in a rehabilitation program to assist an employee to obtain and maintain suitable gainful employment which may include, but shall not be limited to, vocational evaluation, adjustment to disability, counseling, guidance, vocational and personal adjustment, referrals, transportation, training, supplies, equipment, appliances, aid, occupational licenses, and other goods and services needed to assist an employee to obtain and maintain suitable gainful employment.

"Vocational rehabilitation work" means employment that meets the following criteria:

(1) The target group consists of disabled adults;

(2) The goal of rehabilitation is suitable gainful employment; and

(3) The function of the person is to provide vocational rehabilitation services.

[Eff. 1/l/81; am 1/28/85; am 4/12/93] (Auth: HRS § 386-72) (Imp: § 386-25)