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.)
