Current through Register Vol. 51, No. 6, December 1, 2024
RELATES TO: KRS 12.290, Chapter 45A, 61.878, KRS 163.525-163.527, 278.5499, 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,
telecommunications devices. This administrative regulation establishes
procedures for specialized telecommunications equipment vendors, for security,
and for maintenance and repair.
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 KRS 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. Processing System.
(1) The KCDHH shall use accounting procedures
consistent with Commonwealth accounting practices in compliance with applicable
sections of the Model Procurement Code, KRS Chapter 45.
(2) Contracting, purchasing, bidding,
invoicing, and payment practices shall be conducted in accordance with
applicable provisions of the Model Procurement Code, KRS Chapter 45A, and shall
be applied uniformly to vendors.
(3) The KCDHH Telecommunications Access
Program accounts shall be audited on a regular basis by the Auditor of Public
Accounts.
Section 3.
Vendor and Recipient Participation.
(1) The
vendor shall be responsible for complying with the provisions of the Model
Procurement Code, KRS Chapter 45, as established in the contract between the
vendor and KCDHH. The vendor shall:
(a) Mail
or otherwise deliver the STE directly to the recipient's Kentucky residence;
and
(b) Send the following to the
KCDHH:
1. An itemized invoice with the
recipient's name and STE model and serial number; and
2. A copy of the delivery receipt for the STE
sent to the recipient.
(2) The vendor, in exchange for an itemized
invoice and a copy of the delivery receipt, shall be paid by the KCDHH through
the state accounting system pursuant to the Memorandum of Agreement established
between the Public Service Commission and the KCDHH.
(3) The recipient shall be responsible for
any costs involved in having features not specified in the vendor contract
added to the recipient's STE. This includes the responsibility for the
maintenance and repair of those features not specified in the vendor
contract.
(4) Ownership rights and
responsibilities for the STE shall belong to the recipient, as evidenced by the
recipient's copy of the delivery receipt. Equipment obtained under this program
shall not be sold, loaned, gifted or otherwise transferred out of the
possession of the originally authorized recipient. Any person who attempts to
sell or who knowingly purchases stolen equipment shall be disqualified from the
program indefinitely.
(a) A recipient shall
not be responsible for the actual maintenance and repair of the equipment
during the applicable warranty period. In order to have a malfunctioning STE
repaired, the recipient shall:
1. Contact the
KCDHH, or the vendor if applicable to the contract; and
2. Comply with the repair and maintenance
procedures established in Section 5 of this administrative
regulation.
(b) Each
recipient shall:
1. Assume responsibility for
monthly maintenance of the telecommunications access line as described in 735 KAR 1:010; and
2. Pay for other
general costs and supplies associated with the functions and use of the
STE.
(c) A recipient
shall be responsible for the loss of an STE received under the auspices of the
KCDHH Telecommunications Access Program.
Section 4. Security. The recipient shall:
(1) Notify the KCDHH within ten (10) working
days if the equipment is lost or damaged; and
(2) File a police report and send it to
KCDHH, if the equipment is stolen.
Section 5. Maintenance and Repair Procedures.
(1) A recipient shall report equipment in
need of repair to the KCDHH or the vendor if applicable to the contract. If
applicable, the Telecommunications Access Program staff shall inform the
recipient of:
(a) The mailing address and
telephone number of the manufacturer; and
(b) The purchase order number for the
equipment.
(2) The
recipient shall:
(a) Report the problem to the
vendor that distributed the equipment, as instructed by Telecommunications
Access Program staff.;
(b) Ask that
the appropriate vendor pay for shipping the defective equipment:
1. To the vendor's designated place of
repair; and
2. Back to the
recipient, once repaired.
(3) The vendor shall determine from the
contracted repair agent whether the STE is repaired or is not repairable. The
vendor shall obtain and provide verification of the transaction to KCDHH. If
the warranty period has ended, per the vendor's contract, the recipient shall
assume financial responsibility for repair of the equipment.
(4) A recipient shall notify the KCDHH
immediately of a change of residential address.