Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
151B.190,
29
U.S.C. 705(30),
723,
34 C.F.R.
361.5(c)(9),
361.42,
361.45,
361.46
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 establishes
the requirements for the provision of assistive technology services in order to
distribute limited funds more equitably over the entire population of otherwise
eligible individuals.
Section 1.
Definitions.
(1) "Assistive 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.
(2) "Certified driver
rehabilitation specialist" means a driver rehabilitation specialist who has
obtained certification to provide services from the Association for Driver
Rehabilitation Specialists.
(3)
"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.
(4) "Driver
rehabilitation specialist" means an individual who plans, develops,
coordinates, and implements driver rehabilitation services for individuals with
disabilities.
(5) "Driver training"
means behind-the-wheel instruction required to teach an individual with a
disability to drive with or without vehicle modifications.
(6) "Eligible individual" means an individual
who has been determined by the office to meet the basic conditions of
eligibility for vocational assistive services as defined in
34
C.F.R. 361.42.
(7) "Extended driver evaluation" means
additional evaluation necessary in those cases in which an individual's ability
to drive cannot be determined after a driver evaluation.
(8) "Family" means spouse, children, parents,
grandparents, or siblings.
(9)
"Individualized plan for employment" means a written plan for a specific
employment outcome as required by
34 C.F.R.
361.46.
(10) "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.
(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) The individual meets the economic need
qualifications established in
781
KAR 1:030; and
(c) 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;
(c) The
applicant or eligible individual agrees to obtain additional practice as
recommended by a certified driver rehabilitation specialist; and
(d) The applicant or eligible individual owns
or has access to an appropriate vehicle both during and upon completion of
driver's training.
(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 Field 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) Before a non-recoverable,
permanent vehicle modification will be approved, an eligible individual shall
obtain a valid Kentucky operator's license.
(6) A non-recoverable, permanent 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
integrated employment;
(b) Is
employed, actively seeking work, or has a reasonable expectation of beginning
work within six (6) months; and
(c)
The Director of Field 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) An assistive 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) An assistive 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 established 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;
(b) The eligible individual is employed in a
competitive integrated employment setting; and
(c) The eligible individual completes a
driver evaluation or non-recoverable, permanent vehicle modification assessment
as established in the Kentucky Office of Vocational Rehabilitation Policies and
Procedures Manual, incorporated by reference in
781
KAR 1:010.
(2) If the vehicle upgrade involves the
purchase of a driving system, the vehicle shall be inspected by an assistive
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 in an integrated setting, as defined in
34 C.F.R.
361.5(c)(9);
(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;
(d) An assistive
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; and
(e) The eligible individual completes a
driver evaluation by a certified driver rehabilitation specialist and obtains a
non-recoverable, permanent vehicle modification prescription from the
specialist, if requested by the office as established in the Kentucky Office of
Vocational Rehabilitation Policies and Procedures Manual, incorporated by
reference in
781
KAR 1:010.
(4) An upgrade or repair to a vehicle
modification costing in excess of $10,000 shall not be provided unless the
Director of Field Services or designee determines that failure to provide the
update or repair would prevent the successful maintenance of competitive
integrated 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 Field 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 working in a competitive integrated
employment setting, as defined in
34 C.F.R.
361.5(c)(9);
(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) An
assistive 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 certified technology specialist
and obtains a vehicle modification prescription from the specialist;
and
(g) The Director of Field
Services or designee determines that failure to provide the repeat modification
will prevent successful maintenance of competitive integrated 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 an assistive 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) A request from the individual to make
changes or additions to the recommendation of the assistive technology
specialist shall be approved in writing by the specialist prior to being
implemented in order to ensure that the modification does not affect the
accessibility of the project; 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 Field 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.
STATUTORY AUTHORITY:
KRS
151B.185,
151B.195