781 KAR 1:040. Rehabilitation technology services

Link to law: http://www.lrc.ky.gov/kar/781/001/040.htm
Published: 2015

      781 KAR 1:040. Rehabilitation technology

services.

 

      RELATES TO: KRS 151B.190, 29 U.S.C.

705(30), 723,

34 C.F.R. 361.5(b)(11), 361.42, 361.45, 361.46

      STATUTORY AUTHORITY: KRS 151B.185,

151B.195

      NECESSITY, FUNCTION, AND CONFORMITY: KRS

151B.195 requires the Executive Director of the Office of Vocational Rehabilitation

to promulgate administrative regulations governing the services, personnel, and

administration of the State Vocational Rehabilitation Agency. This

administrative regulation prescribes the requirements for the provision of

rehabilitation technology services in order to distribute limited funds more

equitably over the entire population of otherwise eligible individuals.

 

      Section 1. Definitions. (1) "Certified

driver rehabilitation specialist" means a driver rehabilitation specialist

who has obtained certification to provide services from the Association for

Driver Rehabilitation Specialists.

      (2) "Driver

evaluation" means a clinical and behind-the-wheel evaluation by a

certified driver rehabilitation specialist to identify an eligible individual’s

driver rehabilitation needs to allow that person to drive independently.

      (3) "Driver

rehabilitation specialist" means an individual who plans, develops,

coordinates, and implements driver rehabilitation services for individuals with

disabilities.

      (4) "Driver

training" means behind-the-wheel instruction required to teach an

individual with a disability to drive with or without vehicle modifications.

      (5) "Eligible

individual" means an individual who has been determined by the office to

meet the basic conditions of eligibility for vocational rehabilitation services

as defined in 34 C.F.R. 361.42.

      (6) "Extended driver

evaluation" means additional evaluation necessary in those cases where an

individual’s ability to drive cannot be determined after a driver evaluation.

      (7)

"Family" means spouse, children, parents, grandparents, or siblings.

      (8)

"Individualized plan for employment" means a written plan for a

specific employment outcome as required by 34 C.F.R. 361.46.

      (9) "Office"

means the Office of Vocational Rehabilitation and its staff members who are

authorized under state law to perform the functions of the state regarding the

state plan and its supplement.

      (10) "Rehabilitation

technology specialist" means an individual who

analyzes the needs of individuals with disabilities, assists in the selection

of the appropriate assistive technology, and trains the eligible individual on

how to properly use the specific equipment.

      (11)

"Structural addition" means any improvement to real property that

would increase the square footage or footprint of the property.

 

      Section 2. Driver

Rehabilitation Technology Services. (1) Driver rehabilitation technology

services may be provided if:

      (a) Personal

transportation is required to meet the job goals specified on the

individualized plan for employment;

      (b) Other modes of

transportation that would enable the eligible individual to effectively meet

the vocational goal as stated in the individualized plan of employment, such as

public transportation, are not available;

      (c) The individual

meets the economic need qualifications established in 781 KAR 1:030; and

      (d) The individual

is within a category that is presently being served in the Order of Selection

as established in 781 KAR 1:030.

      (2) Driver training

and extended driver evaluation may be provided if:

      (a) The services

are recommended by a certified driver rehabilitation specialist;

      (b) If vehicle

modification is required, the applicant or eligible individual meets the

criteria for vehicle modification, as established in Section 3 of this

administrative regulation; and

      (c) The applicant

or eligible individual agrees to obtain additional practice as recommended by a

certified driver rehabilitation specialist.

      (3) Driver

rehabilitation technology services may be provided to an applicant or eligible

individual who does not meet the requirements of subsection (2) of this section

if the Director of Program Services or designee determines:

      (a) That

documentation exists that failure to provide the services will preclude the

successful completion of the individualized plan for employment; or

      (b) The provision

of the service would result in a substantial cost savings to the office.

 

      Section 3. Vehicle

Modification Services. (1) Modification of a private vehicle shall be

authorized if the eligible individual:

      (a) Completes a

driver evaluation and vehicle modification assessment by a rehabilitation

technology specialist; and

      (b) Obtains a

vehicle modification prescription from a certified driver rehabilitation

specialist.

      (2) Modification of

a private vehicle shall be provided on the most cost-effective vehicle

necessary for the individual’s personal transportation for employment, using

the most cost-effective means of modification.

      (3) Recoverable,

nonpermanent modifications shall be provided for private vehicles if available

and cost-effective.

      (4) A vehicle

modification shall not be performed on a vehicle other than that recommended by

a certified driver rehabilitation specialist, unless:

      (a) The vehicle can

be modified to meet the individual’s needs; and

      (b) The individual

assumes all costs associated with the modification of the vehicle in excess of

the cost of modification of the recommended vehicle.

      (5) An eligible

individual shall obtain a valid Kentucky operator’s license before a vehicle

modification to allow the individual to drive the vehicle will be approved.

      (6) A vehicle

modification costing in excess of $5,000 shall not be delivered to the eligible

individual unless the eligible individual provides proof of insurance for the

replacement cost of the vehicle and vehicle modifications.

      (7) A vehicle

modification costing in excess of $10,000 shall not be provided unless the

eligible individual:

      (a) Has a

vocational objective of competitive employment;

      (b) Is employed,

actively seeking work, or has a reasonable expectation of beginning work within

six (6) months; and

      (c) The Director of

Program Services or designee determines that the modification has a direct

relationship to the employment objective and that failure to provide the

modification would prevent the successful achievement of the employment

objective.

      (8) Vehicle

modifications in excess of $10,000 shall not be provided on a used vehicle

unless:

      (a) The vehicle is

no more than two (2) years old;

      (b) The odometer on

the vehicle reads no more than 50,000 miles; and

      (c) A

rehabilitation technology specialist inspects the vehicle and determines that

it is appropriate for the required modification.

      (9) Vehicle

modifications shall not be performed on a leased vehicle unless:

      (a) A

rehabilitation technology specialist inspects the vehicle and determines that

it is appropriate for the required modification;

      (b) Written

permission for the specific modification is obtained from the leasing company;

and

      (c) Recoverable,

nonpermanent equipment is used.

      (10) The eligible

individual shall be solely responsible for providing maintenance, repair, and

upkeep to the modifications as specified in any relevant warranties.

      (11) The eligible

individual shall pay for any maintenance, service, and repairs for

modifications not under warranty except as provided in Section 4(2) of this

administrative regulation.

 

      Section 4. Upgrade

and Repair of Vehicle Modifications. (1) An upgrade to a vehicle modification

shall not be provided unless:

      (a) The upgrade is

required due to a medically documented change in status or function that

necessitates a change in driving equipment or vehicle chassis; and

      (b) The eligible individual

is employed.

      (2) If the vehicle

upgrade involves the purchase of a driving system, the vehicle shall be

inspected by a rehabilitation technology specialist and found:

      (a) To be

appropriate for the proposed modification; and

      (b) To meet all manufacture

requirements for the proposed driving system.

      (3) A repair to a

vehicle modification shall be provided if:

      (a) The eligible

individual is currently competitively employed, as defined in 34 C.F.R.

361.5(b)(11);

      (b) The repair is

not required as a result of the eligible individual’s negligence, misuse, abuse

of the equipment, or failure to provide proper maintenance of the equipment;

      (c) The eligible

individual provides the office with maintenance records for the vehicle and

vehicle modifications; and

      (d) A

rehabilitation technology specialist:

      1. Inspects the

maintenance records of the vehicle and vehicle modifications;

      2. Determines that

the maintenance has met manufacturer requirements;

      3. Inspects the

vehicle and modifications; and

      4. Determines that

is reasonable to repair the modification.

      (4) An upgrade or

repair to a vehicle modification costing in excess of $10,000 shall not be

provided unless the Director of Program Services or designee determines that

failure to provide the update or repair would prevent the successful

maintenance of competitive employment or would result in a significant cost

savings to the office.

      (5) An upgrade or

repair may be provided to an eligible individual who does not meet the

requirements of this section if the Director of Program Services or designee

determines:

      (a) That

documentation exists that failure to provide the services will preclude the

successful completion of the individualized plan for employment; or

      (b) The provision

of the service would result in a substantial cost savings to the office.

 

      Section 5. Repeat

Vehicle Modifications. (1) Except as provided in this section, the office shall

not provide more than one (1) vehicle modification per eligible individual.

      (2) The office

shall provide a repeat vehicle modification if:

      (a) The eligible

individual is currently competitively employed, as defined in 34 C.F.R.

361.5(b)(11);

      (b) The eligible

individual has a five (5) year work history since the last modification and has

been working consistently for a minimum of two (2) years;

      (c) The previously

modified vehicle has at least 105,000 additional miles on it since the last

modification;

      (d) A

rehabilitation technology specialist inspects the vehicle and modifications and

recommends replacement of the vehicle or modifications;

      (e) The eligible

individual provides the office with a maintenance record for the vehicle and

modifications that demonstrates that the maintenance has been provided

according to manufacturer requirements;

      (f) The eligible

individual completes a driver evaluation by a rehabilitation technology

specialist and obtains a vehicle modification prescription from the specialist;

and

      (g) The Director of

Program Services or designee determines that failure to provide the repeat modification

will prevent successful maintenance of competitive employment or would result

in a significant cost savings for the office.

 

      Section 6. Property

Modification. (1) Permanent, nonrecoverable modification to a private home,

business, or property may be provided if:

      (a) A qualified

rehabilitation counselor determines it is essential to achieve the employment

objective of the eligible individual;

      (b) The eligible

individual meets economic needs qualifications established in 781 KAR 1:030;

      (c) A qualified

rehabilitation counselor determines that failure to provide the modification

will preclude the successful achievement of the employment goal;

      (d) A property

modification assessment is completed by a rehabilitation technology specialist;

      (e) The eligible

individual or family member owns the property to be modified and is current on

any mortgage payments;

      (f) The eligible

individual has not received permanent, nonrecoverable modifications to a home

from the office in the past; and

      (g) The eligible

individual is within a category that is presently being served in the order of selection

as established in 781 KAR 1:030.

      (2) Property

modifications in excess of $30,000 or twenty (20) percent of the Property Value

Administrator (PVA) assessment value of the home or property, whichever is

less, shall not be provided.

      (3) Property

modifications shall be limited to the most cost effective means of safely

addressing the disability needs of the eligible individual as required for

employment and shall:

      (a) Be recoverable,

nonpermanent modifications, if possible;

      (b) Be cost

effective;

      (c) Provide access

to one (1) entrance to and exit from the home, business, or property;

      (d) Provide access

to entrance to and exit from one (1) bathroom area and use of the facilities in

that bathroom;

      (e) Provide access

to entrance to and exit from one (1) bedroom area; and

      (f) Allow access to

corridors necessary to access the bathroom and entrance and exit area of the

property.

      (4) Property

modifications shall not be provided to homes or properties purchased within the

last two (2) years unless there is medical documentation to support a finding

that there has been a significant change in status or function of the eligible

individual that has occurred since the initial purchase of the property, and

that finding could not have been anticipated when the home or property was purchased.

      (5) Property

modifications shall not include structural additions to existing properties or

the purchase of new property.

      (6) The office shall

not restore modified property to its original condition or upgrade areas of the

property not affected by the modification into compliance with current local

building codes.

      (7)(a) All changes

or additions to the recommendations of the rehabilitation technology specialist

shall be approved, in writing by the rehabilitation technology specialist; and

      (b) The cost of all

changes or additions shall be assumed by the eligible individual.

      (8) The eligible

individual shall provide maintenance, repair, and upkeep to the modifications

as required for relevant warranties.

      (9) The eligible

individual shall be solely responsible for maintenance, service, and repairs

for modifications not under warranty.

      (10) Property

modifications shall be provided to an eligible individual that does not meet

all the requirements of this section if the Director of Program Services or designee

determines that failure to provide the modification would prevent the

successful achievement of the vocational objective or would result in a

significant cost savings to the office. (17 Ky.R. 789; eff.

10-14-90; Am. 20 Ky.R. 1388; 1795; eff. 1-10-94; 21 Ky.R. 558; eff. 10-6-94; 22

Ky.R. 111; eff. 10-5-95; 2059; 23 Ky.R. 135; eff. 7-5-96; 24 Ky.R. 2433; 25

Ky.R. 82; eff. 7-13-98; 33 Ky.R. 2155; 3168; eff. 5-4-2007; 37 Ky.R. 489; Am.

995; Am. 1431; eff. 1-3-2011.)
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