Current through Register Vol. 51, No. 6, December 1, 2024
RELATES TO: KRS 12.290, Chapter 45A, 61.878, 163.525-163.527,
334.010(9), 334.020, 29 U.S.C. 794, 42 U.S.C. 12101
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" available in both hardcopy and
electronic format.
(3) "Approved
date" means the date that all supporting documentation for the application is
received and verified by the KCDHH as complete.
(4) "APRN" means Advanced Practice Registered
Nurse licensed by the Kentucky Board of Nursing as defined by
314.011(7).
(5) "Audiologist" is
defined by KRS 334A.020(5), and is limited to a person licensed by the board,
as defined by 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) "ENT" or
Otolaryngologist" means a medical professional trained in the medical and
surgical management of patients with diseases and disorders of the ear, nose,
and throat.
(10) "Fiscal
constraint" means when seventy-five (75) percent of annual program funds have
been disbursed or encumbered.
(11)
"Hearing instrument specialist" means "specialist in hearing instruments" as
defined by KRS 334.010(9).
(12)
"KCDHH" means the Kentucky Commission on the Deaf and Hard of Hearing, as
described at KRS 163.506.
(13)
"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:
(14) "Physician Assistant
Certified" (PAC) means a person licensed under KRS 311.840 to
311.862.
(15) "Recipient" means a
person who receives specialized telecommunications equipment under the auspices
of the KCDHH Telecommunications Access Program.
(16) "Specialized telecommunications
equipment" or "STE" is defined by KRS 163.525(1)(a)
(17) "Speech-impaired" means a person with a
communication disorder such as stuttering, impaired articulation, impaired
language, or impaired voice that adversely affects the use of
telecommunications access lines.
(18) "Speech-language pathologist" is defined
by KRS 334A.020(3), and is limited to a person licensed by the board, as
defined by KRS 334A.020(1).
(19)
"Telecommunications Access Line" means the transmission of auditory, visual,
and typed communication via electronic airwaves or hard-wired
methods.
(20) "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;
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; or
7.
If none of the above is attainable, the person shall provide alternate
verification of residency as approved by the KCDHH Executive
Director;
(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 a telecommunications access line
independently 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, using either hardcopy or
electronic format;
(b) Signed, with
an electronic signature if on the electronic form, and submitted in person, by
facsimile, electronic mail, or by mail; and
(c) Accompanied by:
1. An electronic or hardcopy of a telephone
or internet bill showing telephone number and name and address of the person
being billed for residential telephone service, unless the applicant is
applying under the conditions of Section 2(6) of this administrative
regulation;
2. An electronic or
hardcopy 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, licensed
PAC, or licensed APRN;
2. A
licensed audiologist;
3. A licensed
speech-language pathologist, which verifies that the applicant has the ability
to access telecommunications independently;
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 telecommunications
service, including:
(a) Installation of a
telecommunications line in the applicant's home, at the applicant's expense;
and
(b) Payment of monthly
telecommunications 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
(9) Not more
than two (2) STEs, one (1) of which shall be a visual, auditory, or tactile
signaler package, 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-served 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 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 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; or
(5) The applicant has the STE stolen, without
a police report, or has lost or sold the STE.
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)
(a) If a replacement is requested because the
STE is damaged as a result of a natural disaster, the recipient shall send the
damaged equipment directly to the vendor as directed by Telecommunications
Access Program staff.
(b) If the
vendor certifies 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 an approved physician, PAC,
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 eligibility criteria, first-come,
first-served basis and availability of funds.
Section 6. Fraud. If a recipient obtained STE
under false premises or through misrepresentation of facts on the application,
or sold or gave away the STE, and the violation is documented, the recipient
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", July 2018, is incorporated by reference and
mirrors the electronic application.
(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,
or 502-416-0607 VP, Monday through Friday, 8 a.m. to 4:30 p.m.
STATUTORY AUTHORITY: KRS 12.290,
163.525(5)