Definitions

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  • For the purposes of this chapter—
    • “maintenance” means payments to cover the handicapped individual's basic living expenses, such as food, shelter, clothing, health maintenance, and other subsistence expenses essential to achieving the individual's vocational rehabilitation objective; “nonprofit”, when used with respect to a rehabilitation facility or a workshop, means a rehabilitation facility and a workshop, respectively, owned and operated by a corporation or association, no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual and the income of which is exempt from taxation under the Virgin Islands income tax law; “physically handicapped individual” means any individual who is under a physical or mental disability which constitutes a substantial handicap to employment, but which is of such a nature that vocational rehabilitation services may reasonably be expected to render him fit to engage in a remunerative occupation; “prosthetic device” means any appliance designed to support or take the place of a part of the body, or to increase the acuity of a sensory organ; “rehabilitation facility” means a facility operated for the primary purpose of assisting in the rehabilitation of physically handicapped individuals—
      • (1) which provides one or more of the following types of services—

        • (A) testing, fitting, or training in the use of prosthetic devices;

        • (B) prevocational or conditioning therapy;

        • (C) physical or occupational therapy;

        • (D) adjustment training; or

        • (E) evaluation or control of special disabilities; or

      • (2) through which is provided an integrated program of medical, psychological, social and vocational evaluation and services under competent professional supervision; Provided, That the major portion of such evaluation and services is furnished within the facility and that all medical and related health services are prescribed by, or are under the formal supervision of, persons licensed to practice medicine or surgery in the Virgin Islands.

      “remunerative occupation” includes employment in the competitive labor market; practice of a profession; self-employment; home-making, farm or family work (including work for which payment is in kind rather than in cash); sheltered employment; and home industries or other home-bound work of a remunerative nature; “vocational rehabilitation services” means diagnostic and related services (including transportation) incidental to the determination of eligibility for and the nature and scope of services to be provided; training, guidance and placement services for physically handicapped individuals; and, in the case of any such individual found to require financial assistance with respect thereto, after full consideration of his eligibility for any similar benefit by way of pension, compensation, and insurance, any other goods and services necessary to render such individual fit to engage in a remunerative occupation (including remunerative home-bound work) including the following physical restoration and other goods and services—
      • (1) corrective surgery or therapeutic treatment necessary to correct or substantially modify a physical or mental condition which is stable or slowly progressive and constitutes a substantial handicap to employment, but is of such a nature that such correction or modification may reasonably be expected to eliminate or substantially reduce such handicap within a reasonable length of time;

      • (2) necessary hospitalization in connection with surgery or treatment specified in paragraph (1);

      • (3) such prosthetic devices as are essential to obtaining or retaining employment;

      • (4) maintenance, not exceeding the estimated cost of subsistence, during rehabilitation;

      • (5) tools, equipment, initial stocks and supplies (including equipment and initial stocks and supplies for vending stands), books and training materials, to any or all of which the Department of Social Welfare may retain legal title; and

      • (6) transportation (except where necessary in connection with determination of eligibility or nature and scope of services) and occupational licenses;

      • (7) the provision, for the severely handicapped, of remunerative employment or self-employment through the use of vending stands or other equipment and initial stocks and supplies in any type of small business, the operation of which will be improved through management and supervision by the Department of Human Services, and in workshops;

      “workshop” means a place where any manufacture or handwork is carried on and which is operated for the primary purpose of providing remunerative employment to severely handicapped individuals who cannot be readily absorbed in the competitive labor market.


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