Current through Register Vol. 49, No. 18, September 16, 2024
PURPOSE: This rule establishes the standards and
procedures for the provision of a statewide low-interest loan program providing
financing to eligible persons for purchasing assistive technology devices and
services and financing for equipment to be used by persons with disabilities to
telework. This rule implements sections
191.850
through
191.867,
RSMo 2000.
(1) Program Title.
The assistive technology loan program established in sections
191.850
through
191.867,
RSMo 2000, shall hereinafter be referred to as "Show-Me Loans for Assistive
Technology and Telework."
(2)
Definitions. As used in this rule, except as otherwise required for the
context, the following terms have the meanings ascribed:
(A) Assistive technology device-is equipment
or an item to help maintain, increase, or improve the independence, or
functional capabilities of an individual with a disability. The program will
facilitate loans to purchase a broad range of assistive technology;
(B) Assistive technology service-is a service
that directly assists an individual with a disability in the selection,
acquisition, or use of an assistive technology device. Such term includes, but
is not limited to:
1. The evaluation of the
needs of an individual with a disability;
2. Selecting, designing, fitting,
customizing, adapting, applying, maintaining, repairing, or replacing of an
assistive technology device;
3.
Coordinating with other therapies, interventions, or services with assistive
technology devices;
4. Training or
technical assistance for an individual with a disability, or, where
appropriate, the family of an individual with a disability;
5. Training or technical assistance to
professionals, employers, or other individuals who provide services to, employ,
or are otherwise substantially involved in the major life functions of an
individual with a disability;
(C) Individual with a disability-is an
individual who meets the definition of an individual with a disability as
defined in the Americans with Disabilities Act or an individual who is eligible
for any of the state of Missouri disability related programs;
(D) Council-is the Missouri Assistive
Technology Advisory Council;
(E)
Program-is the Show-Me Loans for Assistive Technology and Telework
Program;
(F) Eligible applicant-is
an individual seeking a loan to assist one (1) or more individuals with
disabilities obtain an assistive technology device or service or obtain
equipment for telework;
(G)
Adjusted gross income-is the amount claimed as adjusted gross income on an
applicant's most recent federal income tax return;
(H) Program administrator-is staff of
Missouri Assistive Technology or other entity so designated by the Missouri
Assistive Technology Advisory Council;
(I) Telework-is work as an employee or
contractor or as a self-employed individual on a full-time or part-time basis
from home or other remote site;
(J)
Telework equipment-is equipment that will be used by an individual with a
disability to work from home or from other remote site;
(K) Revolving loan-is a loan made directly
from and repaid directly into the Assistive Technology Loan Revolving
Fund;
(L) Commercial loan-is a loan
from a commercial lending institution that is supported by a fee, loan
guarantee, interest buy-down or other financial support through the Show-Me
Loans program.
(3)
Applicant Eligibility.
(A) Eligible applicants
shall:
1. Be residents of Missouri;
2. Be seeking a loan that will assist an
individual with a disability obtain an assistive technology device or service
or obtain equipment for telework;
3. Meet program standards established by the
council.
(B) The program
administrator may determine an applicant is ineligible for the program when the
applicant has defaulted on a previous loan made through the program or violates
any provisions of the program, or ceases to meet the requirements of these
rules or of any standards or policies established by the council.
(4) Equipment Eligible for
Assistive Technology Loan Funds.
(A) Allowable
devices shall include, but not be limited to:
1. Wheelchairs, motorized scooters and other
mobility aids;
2. Braille
equipment;
3. Scanners;
4. Hearing aids and other assistive listening
systems;
5. Augmentative
communication systems;
6.
Environmental control units;
7.
Computers and adaptive computer peripherals;
8. Building modifications for accessibility
limited to the cost of the modifications;
9. Motor vehicle modifications for
accessibility.
(B) Loans
are not permitted toward the purchase of a home.
(5) Equipment Eligible for Telework Loan
Funds.
(A) Allowable equipment shall include,
but not be limited to:
1. Computers and
computer hardware and software;
2.
Adaptive computer hardware or software;
3. Office equipment;
4. Adaptive equipment or devices needed to
telework;
5. Access modifications
to a home or remote site to be used in telework.
(B) Loans are not permitted toward the
purchase of a building or for the purchase of services, including, but not
limited to, monthly Internet service charges.
(6) Loan Standards.
(A) Interest Rates. As a Special Purpose
Credit Program under Section 8 of Regulation B of the Equal Credit Opportunity
Act, the loan program may base interest rates on economic need rather than
credit risk factors. The council shall establish an interest rate formula for
borrowers based on individual payment abilities. Loans may be made with no
interest.
(B) Principal Buy-Down.
The council may establish criteria for a principal buy-down of not more than
twenty percent (20%) of the loan principal for borrowers with financial
circumstances who would otherwise be unable to afford a loan.
(C) Repayment Periods. The council shall
establish repayment periods for borrowers based on the ability to pay. Loan
repayment periods for revolving loans shall not exceed ten (10)
years.
(D) Loan Amount. The council
shall have the authority to review and adjust the maximum loan
amount.
(E) Other. The council
shall establish standards at the beginning of each year for matters necessary
to implement the program. These standards shall include, but not be limited to,
requirements for security or collateral for loans, and limits on the numbers
and amounts of loans to assure the continued solvency of the loan program
fund.
(7) Application
Procedures. Individuals shall apply for the program, on forms approved by the
program administrator, that include:
(A)
Applicant name, home and mailing address, home and work phone, and Social
Security number;
(B) If the
applicant does not have a disability, a description of the applicant's
relationship to the individual with a disability, the name of the person with a
disability, if different from applicant; and the type of disability;
(C) Whether the applicant is applying as an
individual or with a co-applicant;
(D) For an assistive technology loan,
identification of the assistive technology that the applicant plans to
purchase; a description of how the assistive technology will improve the life
of the person with a disability; the cost of the assistive technology; amount
of loan requested; and the name, address and phone number of the vendor,
contractor, or individual from whom the assistive technology will be
purchased;
(E) For a telework loan,
identification of the telework equipment that the applicant plans to purchase;
the cost of the telework equipment; amount of loan requested; and the name,
address and phone number of the vendors, contractors, or individuals from whom
the telework equipment will be purchased; and other pertinent information in a
format to be determined by the program administrator;
(F) Certification by the applicant that they
authorize the program administrator to check the applicant's credit, make all
inquiries necessary to verify the accuracy of the information provided, and
share all financial, credit, and other pertinent information with required
entities for the sole purposes of loan approval and loan maintenance;
(G) Whether the applicant rents or owns
housing; name of landlord or mortgagor; monthly rent or mortgage payment; years
and months living at current address and at previous address; name, address,
and phone number of current employer; amount of gross monthly income from
employment; source and monthly amount of income other than employment; name,
address, and phone number of previous employer; years and months at current
employer and previous employer; position or occupation at current employer and
at previous employer; whether the applicant has a checking or a savings
account; the bank name that holds the checking or savings account; and the
names, addresses, phone numbers, and relationship to the applicant of the two
(2) closest living relatives not living at applicant's address. If there is a
co-applicant, all information in section (6) is also required for the
co-applicant including a spouse if the spouse is contractually liable for
repayment or if the applicant is relying on the income of spouse for approval
of credit;
(H) Information about
the applicant's current financial obligations including, but not limited to:
financial institutions, department stores, credit cards, leases, unpaid taxes,
alimony and child support. The applicant shall include information including
the responsibility of the applicant and any co-applicant, the name of
creditors, current outstanding balances, monthly or other term
payments;
(I) Information required
by federal or state statute;
(J) A
statement to be signed by the applicant verifying the truthfulness and accuracy
of all information submitted;
(K)
In addition to information required on the application, applicants shall supply
any additional information and supporting documentation which the program
administrator deems reasonably necessary to determine the applicant's
eligibility to receive a loan through the program.
(8) Application Review Procedures.
(A) Initial Application Review. Upon receipt
of an application, the program administrator will perform an initial review to
verify that the applicant is seeking a loan for assistive technology or
telework for an individual with a disability. The program administrator will
perform an initial review of the applicant's creditworthiness, ability to repay
the loan, and ability to meet the eligibility criteria established by the
council.
(B) Loan Application
Review. Following initial application review, the application will be submitted
by the program administrator for approval or denial by the loan application
review committee.
1. The loan application
review committee shall consist of no fewer than five (5) members and no more
than eleven (11) members. At least one (1) member shall be a Missouri Assistive
Technology Advisory Council member. A majority of members shall be individuals
with disabilities or individuals who have a family member with disability. The
council shall appoint loan application review committee members for three
(3)-year terms.
2. The loan
application review committee shall approve or deny loan applications for
revolving loans based on the eligibility criteria and financial standards
established by the council.
3. The
loan application review committee shall approve or deny applications for
commercial loans based on the eligibility criteria and financial standards
established by the council, and shall forward the application to the commercial
lending institution for review and final approval or denial.
(C) Approved Loan Processing.
1. For revolving loans, the program
administrator shall prepare a resolution on behalf of the council that will
serve as an invoice for payment purposes upon approval of a loan
application.
2. For commercial
loans approved by the commercial financial institution, the program
administrator shall prepare a resolution and process the corresponding payment
to support the loan.
(D)
Denied Loan Processing. The program administrator shall notify the applicant in
writing following the denial of a loan application. The notification shall
include information about how to appeal the denial decision.
(9) Appeals Process.
(A) Applicants may appeal any disapproval of
a revolving loan application by filing a written appeal with the Missouri
Assistive Technology Advisory Council. No specific form shall be required. The
council may hear appeals during any regularly scheduled council meeting or may
call a special meeting of the council for such purpose. The council's decision
regarding approval or denial of a loan shall be final.
(B) Applicants may appeal any disapproval of
a commercial loan using the commercial lending institution's appeal
procedures.
(10) Fraud.
If an applicant supplies false information or obtains a loan through
misrepresentation of facts on the application, the program administrator may
demand return of the item(s) for which the loan was provided and may declare
such applicants ineligible for future loans.
*Original authority: 191.865, RSMo
2000.