From: Kelly Pierce
Subject: ticket to work proposal introduced
participate in the Program--
"(i) the employment services, vocational rehabilitation
services, and other support services which, upon assignment of
tickets to work and self-sufficiency, are provided to disabled
beneficiaries by the State agency acting as an employment
network
shall be governed by plans for vocational rehabilitation
services
approved under title I of the Rehabilitation Act of 1973, and
"(ii) the provisions of section 222(d) and the provisions
f
section 1615 shall not apply with respect to such State.
"(B) State agencies administering maternal and child health
services programs.--Subparagraph (A) shall not apply with respect
o
any State agency administering a program under title V of this Act.
"(d) Responsibilities of the Commissioner of Social Security.--
"(1) Selection and qualifications of program managers.--The
Commissioner of Social Security shall enter into agreements with one or
more organizations in the private or public sector for service as a
program manager to assist the Commissioner in administering the
rogram.
Any such program manager shall be selected by means of a competitive
bidding process, from among organizations in the private or public
sector
with available expertise and experience in the field of vocational
rehabilitation or employment services.
"(2) Tenure, renewal, and early termination.--Each agreement
ntered
into under paragraph (1) shall provide for early termination upon
failure
to meet performance standards which shall be specified in the agreement
and which shall be weighted to take into account any performance in
prior
terms. Such performance standards shall include (but are not limited
to)--
"(A) measures for ease of access by beneficiaries to services,
and
"(B) measures for determining the extent to which failures in
obtaining services for beneficiaries fall within acceptable
parameters, as determined by the Commissioner.
"(3) Preclusion from direct participation in delivery of services
n
own service area.--Agreements under paragraph (1) shall preclude--
"(A) direct participation by a program manager in the delivery
of
employment services, vocational rehabilitation services, or other
support services to beneficiaries in the service area covered by
he
program manager's agreement, and
"(B) the holding by a program manager of a financial interest
n
an employment network or service provider which provides services
n
a geographic area covered under the program manager's agreement.
"(4) Selection of employment networks.--The Commissioner shall
select
and enter into agreements with employment networks for service under
he
Program. Such employment networks shall be in addition to State
gencies
serving as employment networks pursuant to elections under subsection
(c).
"(5) Termination of agreements with employment networks..--The
Commissioner shall terminate agreements with employment networks for
inadequate performance, as determined by the Commissioner.
"(6) Quality assurance.--The Commissioner shall provide for such
periodic reviews as are necessary to provide for effective quality
assurance in the provision of services by employment networks. The
Commissioner shall take into account the views of consumers and the
program manager under which the employment networks serve and shall
consult with providers of services to develop performance measurements.
The Commissioner shall ensure that the results of the periodic reviews
are made available to beneficiaries who are prospective service
recipients as they select employment networks. The Commissioner shall
ensure the performance of periodic surveys of beneficiaries receiving
services under the Program designed to measure customer service
satisfaction.
"(7) Dispute resolution.--The Commissioner shall provide for a
mechanism for resolving disputes between beneficiaries and employment
networks and between program managers and employment networks. The
Commissioner shall afford a party to such a dispute a reasonable
opportunity for a full and fair review of the matter in dispute.
"(e) Program Managers.--
"(1) In general.--A program manager shall conduct tasks appropriate
to assist the Commissioner in carrying out the Commissioner's duties in
administering the Program.
"(2) Recruitment of employment networks.--A program manager shall
recruit, and recommend for selection by the Commissioner, employment
networks for service under the Program. The program manager shall carry
out such recruitment and provide such recommendations, and shall
onitor
all employment networks serving in the Program in the geographic area
covered under the program manager's agreement, to the extent necessary
and appropriate to ensure that adequate choices of services are made
available to beneficiaries. Employment networks may serve under the
Program only pursuant to an agreement entered into with the
ommissioner
under the Program incorporating the applicable provisions of this
section
and regulations thereunder, and the program manager shall provide and
maintain assurances to the Commissioner that payment by the
ommissioner
to employment networks pursuant to this section is warranted based on
compliance by such employment networks with the terms of such agreement
and this section. The program manager shall not impose numerical limits
on the number of employment networks to be recommended pursuant to this
paragraph.
"(3) Facilitation of access by beneficiaries to employment
networks.--A program manager shall facilitate access by beneficiaries
o
employment networks. The program manager shall ensure that each
beneficiary is allowed changes in employment networks for good cause,
s
determined by the Commissioner, without being deemed to have rejected
services under the Program. The program manager shall establish and
maintain lists of employment networks available to beneficiaries and
shall make such lists generally available to the public.
"(4) Ensuring availability of adequate services.--The program
manager
shall ensure that employment networks provide employment services,
vocational rehabilitation services, or other support services to
beneficiaries throughout specified service areas, including rural
reas.
"(5) Reasonable access to services.--The program manager shall take
such measures as are necessary to ensure that sufficient employment
networks are available and that each beneficiary receiving their
services
under the Program has reasonable access to employment services,
vocational rehabilitation services, or other support services. Such
services may include case management, career planning, career plan
development, vocational assessment, job training, placement, follow-up
services, and such other services as may be specified by the
Commissioner
under the Program.
"(f) Employment Networks.--
"(1) Qualifications for employment networks.--Each employment
network
serving under the Program shall consist of an agency or instrumentality
of a State (or a political subdivision thereof) or a private entity,
which assumes responsibility for the coordination and delivery of
services under the Program to individuals assigning to the employment
network tickets to work and self-sufficiency issued under subsection
(b).
No employment network may serve under the Program unless it
emonstrates
to the Commissioner substantial expertise and experience in the field
f
employment services, vocational rehabilitation services, or other
support
services for individuals with disabilities and provides an array of
uch
services. An employment network shall consist of either a single
provider
of such services or of an association of such providers organized so as
to combine their resources into a single entity. An employment network
may meet the requirements of subsection (e)(4) by providing services
directly, or by entering into agreements with other individuals or
entities providing appropriate employment services, vocational
rehabilitation services, or other support services.
"(2) Requirements relating to provision of services.--Each
employment
network serving under the Program shall be required under the terms of
its agreement with the Commissioner to--
"(A) serve prescribed service areas,
"(B) meet, and maintain compliance with, both general selection
criteria (such as professional and governmental certification and
educational credentials) and specific selection criteria (such as
the
extent of work experience by the provider with specific
populations),
and
"(C) take such measures as are necessary to ensure that
employment services, vocational rehabilitation services, and other
support services provided under the Program by, or under agreements
entered into with, the employment network are provided under
appropriate individual employment plans meeting the requirements of
subsection (g).
"(3) Annual financial reporting.--Each employment network shall
eet
financial reporting requirements as prescribed by the Commissioner.
"(4) Periodic outcomes reporting.--Each employment network shall
prepare periodic reports, on at least an annual basis, itemizing for
he
covered period specific outcomes achieved with respect to specific
services provided by the employment network. Such reports shall conform
to a national model prescribed under this section. Each employment
network shall provide a copy of the latest report issued by the
employment network pursuant to this paragraph to each beneficiary upon
enrollment under the Program for services to be received through such
employment network. Upon issuance of each report to each beneficiary, a
copy of the report shall be maintained in the files of the employment
network pertaining to the beneficiary. The program manager shall ensure
that copies of all such reports issued under this paragraph are made
available to the public under reasonable terms.
"(g) Individual Employment Plans.--
"(1) In general.--Each employment network shall--
"(A) take such measures as are necessary to ensure that
employment services, vocational rehabilitation services, and other
support services provided under the Program by, or under agreements
entered into with, the employment network are provided under
appropriate individual employment plans as defined by the
Commissioner, and
"(B) develop and implement each such individual employment
lan,
in the case of each beneficiary receiving such services, in a
anner
that affords such beneficiary the opportunity to exercise informed
choice in selecting an employment goal and specific services needed
to achieve that employment goal.
A beneficiary's individual employment plan shall take effect upon
approval by the beneficiary.
"(2) Employment evaluation.--In devising the employment plan, the
employment network shall undertake an employment evaluation with
espect
to the beneficiary. Each employment evaluation shall set forth in
writing
such elements and shall be in such format as the Commissioner shall
prescribe.
"(h) Employment Network Payment Systems.--
"(1) Election of payment system by employment networks.--
"(A) In general.--The Program shall provide for payment
authorized by the Commissioner to employment networks under either
an
outcome payment system or an outcome-milestone payment system. Each
employment network shall elect which payment system will be
tilized
by the employment network, and, for such period of time as such
election remains in effect, the payment system so elected shall be
utilized exclusively in connection with such employment network
(except as provided in subparagraph (B)).
"(B) Method of payment to employment networks.--Any such
election
by an employment network taking effect during any period for which
disabled beneficiary is receiving services from such employment
network shall not be effective with respect to such beneficiary to
the extent that such election would result in any change in the
method of payment to the employment network with respect to
ervices
provided to such beneficiary from the method of payment to the
employment network with respect to services provided to such
beneficiary as of immediately before such election.
"(2) Outcome payment system.--
"(A) In general.--The outcome payment system shall consist of a
payment structure governing employment networks electing such
ystem
under paragraph (1)(A) which meets the requirements of this
paragraph.
"(B) Payments made during outcome payment period.--The outcome
payment system shall provide for a schedule of payments to an
employment network, in connection with each individual who is a
beneficiary, for each month described in paragraph (4)(B) in
connection with such individual which occurs during the
ndividual's
outcome payment period.
"(C) Computation of payments to employment network.--The
ayment
schedule of the outcome payment system shall be designed so that--
"(i) the payment for each of the 60 months during the
outcome
payment period which are described in paragraph (4)(B) is equal
to a fixed percentage of the payment calculation base for the
calendar year in which such month occurs, and
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