Virginia Law

A. The department shall approve all applications for which eligibility requirements defined in 22VAC20-20-30 are satisfied, except as provided in this section. Priority may be given to first-time applicants and to recipients who have not received equipment through the program during the preceding 48 months and are without fully functioning equipment as verified in writing by a VDDHH-approved agency representative or vendor during times of fiscal constraint, as determined by the director.

B. Application shall not be approved when:

1. The applicant who must contribute has already been issued a coupon that is still valid and has not been redeemed towards the purchase of assistive technology equipment under this program.

2. The applicant has received a device from TAP within the preceding four years except for conditions set in subsections D and E of this section.

C. Application for replacement equipment shall not be approved when:

1. A device previously issued by the department has been subjected to abuse, misuse or unauthorized repair by the recipient.

2. The recipient fails to provide a police report of a stolen device or refuses to cooperate with the police investigation or in the prosecution of the suspect, including the refusal to testify in court when requested to do so.

3. The recipient is found negligent in the police report, such as doors to the house or car left unlocked or unattended.

4. The recipient has lost the device.

5. The recipient has sold the device.

D. Replacement equipment may be given within a four-year period if assistive technology equipment is damaged through natural disasters, such as lightning, electrical storms, or floods. The recipient must first send damaged equipment to the vendor. The vendor must certify to the department that the equipment, provided it is still under valid warranty, is unrepairable due to natural disaster. The recipient must provide proof that the damage was not covered by homeowners or rental insurance. The agency shall issue a replacement device to the recipient, upon reapplication, either free or at the full cost of the requested equipment, depending on eligibility criteria as outlined in 22VAC20-20-40.

E. Exchange of equipment may be permitted where the original equipment can no longer be used by a recipient due to deteriorating vision or hearing or when a new device has become available through TAP and is deemed more appropriate to the recipient's disability than a device previously issued to the recipient. A recipient must submit a letter from a professional listed in 22VAC20-20-30 stating that the recipient would achieve a more appropriate benefit from the new device on the basis of the individual's disability.