735 KAR 1:010. Eligibility requirements,
application and certification procedures to receive specialized telecommunications
equipment for the deaf, hard of hearing, and speech impaired.
RELATES TO: KRS 12.290, Chapter 45A,
61.878, 163.500-163.527, 334.010(9), 334.020, 29 U.S.C. 794, 42 U.S.C. 12101
STATUTORY AUTHORITY: KRS 12.290, 163.525(5)
NECESSITY, FUNCTION, AND CONFORMITY: KRS
12.290 requires each administrative body of state government to promulgate
administrative regulations in compliance with federal mandates to provide
accessibility to services by persons who are deaf or hard-of-hearing. KRS
163.525(5) requires the Commission on the Deaf and Hard of Hearing to
promulgate administrative regulations to establish procedures for application
for, and distribution of, specialized telecommunications equipment. This
administrative regulation establishes eligibility criteria, requirements for
application, and certification procedures.
Section 1. Definitions. (1)
"Applicant" means a person who applies to receive specialized
telecommunications equipment under the auspices of the KCDHH Telecommunications
Access Program.
(2) "Application" means the
current KCDHH Telecommunications Access Program application entitled "Telecommunications
Access Program Application and Certification".
(3) "Approved date" means the
date that all supporting documentation for the application is received and
verified by the KCDHH.
(4) "APRN" means Advanced
Practice Registered Nurse licensed by the Kentucky Board of Nursing.
(5) "Audiologist" is defined at
KRS 334A.020 (5), and is limited to a person licensed by the board, as defined
at KRS 334A.020 (1).
(6) "Certification" means
professional verification of the extent and permanence of the applicant's
disability.
(7) "Deaf" and "hard of
hearing" are defined by KRS 163.500.
(8) "Deaf-blind" means an
individual whose primary disability is deafness and secondary disability is
vision impairment.
(9 "Fiscal constraint" means
when seventy-five (75) percent of annual program funds have been disbursed or
encumbered.
(10) "Hearing instrument
specialist" means "specialist in hearing instruments" as defined
at KRS 334.010(9).
(11) "KCDHH" means the Kentucky
Commission on Deaf and Hard of Hearing, as described at KRS 163.506.
(12) "Physician" means a
person:
(a) With a medical degree;
(b) Licensed by the state in which he or
she practices medicine; and
(c) Recognized, by the state Board of
Medical Licensure in the state in which the physician practices, as a
specialist in:
1. Family practice;
2. General practice;
3. Otolaryngology; or
4. Internal Medicine.
(13) "Recipient" means a person
who receives specialized telecommunications equipment under the auspices of the
KCDHH Telecommunications Access Program.
(14) "Specialized telecommunications
equipment" or "STE" is defined by KRS 163.525(1)(a):
(a) Telecommunication devices for the
deaf;
(b) Amplifiers;
(c) Voice carry over telephones;
(d) Captioned telephones;
(e) Visual, audible, or tactile ring
signal devices; and
(f) Appropriate wireless devices.
(15) "Speech-language
pathologist" means a person licensed by the Kentucky Board of Licensure
for Speech-Language to engage in the treatment of speech-language pathology.
(16) "Telecommunications Access
Line"
means the transmission of auditory, visual, and typed communication via
electronic air waves or hard wired methods.
(17) "Telecommunications Access Program"
is defined by KRS 163.525(1)(b).
Section 2. General Applicant Criteria.
(1) An applicant shall be:
(a) A person who has resided in Kentucky
for one (1) year prior to the date of application, as demonstrated by one (1)
or more of the following. The person:
1. Is in possession of a valid driver's
license or photo ID issued by the state of Kentucky;
2. Is currently registered to vote in
Kentucky;
3. Owns an automobile registered in
Kentucky;
4. Filed a Kentucky income tax return for
the calendar year preceding the date of application;
5. Is stationed in Kentucky on active
military orders for at least one (1) year as a member of the Armed Forces, or
is a dependent of the Armed Forces member; or
6. Is currently enrolled as a student at
an institution of higher learning located in Kentucky and meets the residency
requirements of 13 KAR 2:045;
(b) At least five (5) years of age and if
the applicant is between five (5) and eighteen (18) years of age, the
applicant's parents or guardians shall:
1. Apply on behalf of the child; and
2. Assume full responsibility for the
equipment; and
(c) Deaf, hard of hearing, or speech
impaired such that the applicant cannot use the telephone for communication
without adaptive specialized telecommunications equipment.
(2) In addition to requirements listed in
subsection (1) of this section, an applicant for a wireless STE shall be at least
thirteen (13) years of age.
(3) An application shall be:
(a) Made on a "Telecommunications
Access Program Application and Certification" form;
(b) Signed and submitted in person or by mail;
and
(c) Accompanied by:
1. A copy of a telephone bill showing
telephone number and name and address of the person being billed for
residential telephone customers, unless the applicant is applying under the
conditions of Section 2(6);
2. A copy of the applicant's proof of
residence; and
3. Document of certification, as required
by subsection (5) of this section.
(4) An applicant shall provide additional
supporting documentation to verify information provided on the application, if requested
by KCDHH.
(5) An applicant shall provide
professional certification of the extent and permanence of the applicant's
disability.
(a) Certification shall be at the
applicant's expense.
(b) Certification shall be performed and
provided by:
1. A licensed physician or licensed APRN;
2. A licensed audiologist;
3. A licensed speech-language
pathologist;
4. A licensed hearing instrument
specialist; or
5. With prior approval by KCDHH, a
licensed or certified individual that works for a public or private agency
providing direct services to deaf, hard of hearing, or speech-impaired
individuals.
(6) Except for an individual receiving
assistance from a program providing telephone services to persons normally
unable to afford the services or an applicant for a wireless device, an
applicant shall subscribe to or have currently applied for telephone service,
including:
(a) Installation of a telephone line in
the applicant's home, at the applicant's expense; and
(b) Payment of monthly telephone bills.
(7) Eligible applicants shall be awarded
program participation on a first-come, first-serve basis, in accordance with
the approved date, as determined by the dated signature of the
Telecommunications Access Program staff. Eligible applicants shall be placed on
a waiting list during times of fiscal constraint.
(8) KCDHH shall distribute the STE in
compliance with:
(a) The Model Procurement Code, KRS
Chapter 45A; and
(b) 735 KAR 1:020.
(9) Not more than two (2) STEs one (1) of
which shall be a visual, auditory, or tactile signaler, shall be distributed to
a deaf, hard of hearing, or speech-impaired individual per telecommunications
access line.
Section 3. Application Process. (1) The
KCDHH staff shall provide assistance in completing forms if requested by an
applicant.
(2) The Telecommunications Access Program
staff shall review each application in the order the KCDHH office receives
them, in order to determine if:
(a) All the necessary information is
completed on the application;
(b) All required documentation is
included; and
(c) All eligibility requirements are met.
(3) If the criteria in subsection 2 of
this section are met, the application shall be approved, dated, and signed by
the Telecommunications Access Program staff. The approved date shall determine
the first-come, first-serve roster.
(4) The KCDHH shall, within sixty (60)
days of receipt of the application, notify an applicant if the application has
been approved or rejected.
(5) The KCDHH shall, within sixty (60)
days of receipt of the application, provide to an ineligible applicant, written
reasons for the determination of ineligibility. An applicant denied
participation may reapply if, due to a change in conditions, the eligibility
requirements as delineated in Section 2 of this administrative regulation are
met.
(6) Training to properly select and use
the STE shall be provided to applicants upon request.
Section 4. An application shall be denied
if:
(1) The applicant does not meet the
eligibility requirements as established in KRS 163.525, this administrative regulation
or 735 KAR 1:020;
(2) The applicant has received STE from
the Telecommunications Access Program within the preceding four (4) years;
(3) The applicant is an active consumer
of the Office of Vocational Rehabilitation and receives a STE as part of an
individual plan of employment, also known as an "IPE";
(4) The applicant has negligently or
willfully damaged a STE previously received from the KCDHH's Telecommunications
Access Program, or has violated another provision of the law governing the
Telecommunications Access Program;
(5) The applicant has the STE stolen or has
lost or sold the STE; or
(6) If replacing the equipment after four
(4) years have passed, the original STE is found to be technologically up to
date and functional by the KCDHH.
Section 5. Replacing the Specialized
Telecommunications Equipment. During times of fiscal constraint a reapplication
shall be accepted and held pending until funds become available. An applicant
shall provide verification of eligibility when the reapplication is processed. (1)
A recipient may apply to replace the original STE if:
(a) The STE is damaged as a result of a
natural disaster;
(b) There is a change in status, such as
deteriorating vision or hearing;
(c) A new device has become available
through the Telecommunications Access Program that is more appropriate to the
recipient's disability than a device previously received through the program;
or
(d) It has been four (4) years since the
applicant last received STE.
(2) As funds are available, new STE to
replace existing STE shall be issued to applicants who:
(a) Demonstrate eligibility; and
(b) Comply with the provisions of the
administrative regulations governing the Telecommunications Access Program established
in this administrative regulation and 735 KAR 1:020.
(3) Priority shall be given in the
distribution of STE to first-time recipients during times of fiscal constraint.
(4) If a replacement is requested because
the STE is damaged as a result of a natural disaster, the recipient shall first
send the damaged equipment to the KCDHH, or directly to the vendor as directed
by Telecommunications Access program staff.
(a) If necessary, the KCDHH shall send
the damaged STE to the vendor for verification of irreparable damage.
(b) If the vendor certifies to the KCDHH
that the equipment provided to the recipient is irreparable due to natural
disaster, a replacement shall be issued to the recipient, upon reapplication,
subject to:
1. Equipment availability;
2. Compliance with eligibility criteria
established in this administrative regulation;
3. The first-come, first-served
provision; and
4. Availability of funds.
(5) If the recipient obtains
certification from a physician, audiologist, hearing instrument specialist,
APRN, or speech-language pathologist stating that the recipient will benefit
from another device available through the KCDHH Telecommunications Access Program
due to a change in disability status or a new device becoming available, then a
replacement shall be issued to the applicant based on first-come, first-served basis
and availability of funds. As an alternative, a public or private agency
providing direct services to deaf, hard of hearing, or speech-impaired
individuals may provide certification, subject to approval by the KCDHH.
(6) If a replacement is requested because
four (4) years have passed, then the recipient shall either bring in person or
mail their original STE to the KCDHH.
(a) The KCDHH shall determine if the
original STE is technologically obsolete or nonfunctional.
(b) If the original STE is:
1. Technologically obsolete or
nonfunctional, then the recipient shall follow the application process to
replace the equipment as delineated in this administrative regulation and 735
KAR 1:020; or
2. Not determined to be technologically
obsolete or nonfunctional then the application for a replacement shall be
denied and the original STE shall be returned to the recipient.
Section 6. Fraud. If a recipient obtained
STE under false premises or through misrepresentation of facts on the
application, the KCDHH shall demand return of the equipment immediately. Upon
demand, the recipient shall return the STE and shall be ineligible to
participate in the KCDHH Telecommunications Access Program thereafter.
Section 7. Confidentiality. All applicant
and recipient information shall be kept confidential in compliance with the
Open Records Law, KRS 61.878.
Section 8. Incorporation by Reference.
(1) "Telecommunications Access Program Application and Certification",
November 2011, is incorporated by reference.
(2) This material may be inspected,
copied, or obtained, subject to applicable copyright law, at the offices of the
Kentucky Commission on the Deaf and Hard of Hearing, 632 Versailles Road,
Frankfort, Kentucky 40601, phone 800-372-2907, V/TDD or (502) 573-2604 V/TDD,
Monday through Friday, 8 a.m. to 4:30 p.m. (21
Ky.R. 2866; Am. 22 Ky.R. 48; eff. 7-6-95; 23 Ky.R. 1443; eff. 11-7-96; 25 Ky.R.
1146; eff. 1-19-99; 28 Ky.R. 698; 1126; eff. 11-5-2001; 33 Ky.R. 1706; 2296;
eff. 3-9-07; 35 Ky.R. 2565; 36 Ky.R. 65; eff. 7-13-2009; 38 Ky.R. 1223; 1447;
eff. 3-2-2012.)
