Chapter 20. Regulations Governing Eligibility Standards and Application Procedures for the Distribution of Assistive Technology
Part I
Definitions
22VAC20-20-10. Definitions.
The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:
"Alerting device" means a device that alerts individuals with a hearing loss of sounds around them.
"Amplification device" means a device that amplifies either incoming sounds for individuals who have a hearing loss or outgoing sounds for individuals who have speech difficulties.
"Applicant" means a person who applies for assistive technology.
"Application" means the TAP Application (VDDHH-TAP-1).
"Assistive technology " means any device, equipment, or adaptive technology used to access telecommunications, communications, or information technology used by individuals who are deaf, hard of hearing, deafblind, or have speech difficulties.
"Audiologist" means any person who is licensed by the Department of Health Professions to engage in the practice of audiology.
"Deaf" means a hearing loss that requires use of assistive technology to communicate effectively.
"Deaf and hard of hearing regional specialist" means a person hired by or contracted with the department to provide outreach services and to assist the department in carrying out activities related to the Technology Assistance Program on either a regional or local level.
"Deafblind" means a dual loss of hearing and vision that requires use of assistive technology to communicate effectively.
"Department" means the Virginia Department for the Deaf and Hard-of-Hearing.
"Family" means the applicant, the applicant's dependents, and any person legally required to support the applicant, including a spouse.
"Fiscal constraint" means when projected expenditures may exceed appropriated funds for equipment distribution within a budgeted period.
"Gross income" means the income, total cash receipts before taxes from all sources of the applicant, the applicant's dependents, and any person legally required to support the applicant, including a spouse.
"Hard of hearing" means a hearing loss that requires use of assistive technology to communicate effectively.
"Hearing aid specialist" means a person who has a license from the Department of Professional and Occupational Regulation to fit and sell hearing aids.
"Minor" means a person younger than 18 years of age whose parent or legal guardian is legally responsible for the person's support.
"Pay coupon" means a voucher that may be used by the applicant toward the purchase of approved assistive technology through the program.
"Person with a hearing and vision loss" means a dual loss of hearing and vision that requires use of assistive technology to communicate effectively.
"Person with speech difficulty" means a loss of verbal communication ability that requires use of assistive technology to communicate effectively.
"Physician" means a person who has a medical degree and a license to practice medicine in any state within the United States.
"Program" or "TAP" means Technology Assistance Program for distributing assistive technology to individuals who are deaf, hard of hearing, or deafblind; individuals with a hearing and vision loss; or individuals with speech difficulties and who meet eligibility requirements through an application process.
"Public assistance" means and includes Temporary Assistance to Needy Families (TANF); Supplemental Security Income (SSI), Social Security Disability Insurance (SSDI); auxiliary grants to the aged, blind, and disabled; medical assistance; food stamps; general relief; fuel assistance; and social services.
"Recipient" means a person who receives assistive technology.
"Ring signal device" means a device that alerts an individual who is deaf, hard of hearing, or deafblind or an individual with a hearing and vision loss of an incoming call or sound.
"Speech-language pathologist" means any person who is licensed by the Department of Health Professions to engage in the practice of speech-language pathology.
"Vendor" means a company that enters into a contract with the Commonwealth to provide assistive technology as defined in this chapter.
Statutory Authority
§ 51.5-112 of the Code of Virginia.
Historical Notes
Derived from VR245-02-01 § 1.1, eff. September 27, 1989; amended, Virginia Register Volume 6, Issue 26, eff. October 24, 1990; Volume 8, Issue 13, eff. April 22, 1992; Volume 10, Issue 20, eff. July 27, 1994; Volume 19, Issue 4, eff. January 1, 2003; Volume 43, Issue 3, eff. November 5, 2026.
Part II
Determining Ownership
22VAC20-20-20. Ownership guidelines.
The department shall retain ownership of any assistive technology distributed through the program that costs $5,000 or more. Where ownership of assistive technology is retained by the department, information regarding income and family size shall not be required.
Statutory Authority
§ 51.5-112 of the Code of Virginia.
Historical Notes
Derived from VR245-02-01 § 2.1, eff. September 27, 1989; amended, Virginia Register Volume 6, Issue 26, eff. October 24, 1990; Volume 8, Issue 13, eff. April 22, 1992; Volume 10, Issue 20, eff. July 27, 1994; Volume 19, Issue 4, eff. January 1, 2003; Volume 43, Issue 3, eff. November 5, 2026.
Part III
Participation of Applicant
22VAC20-20-30. Eligibility requirements.
Upon request for assistive technology by an applicant, the department will require information as to the family size, financial status, and other related data as described on the application before determining what charges, if any, the applicant will be required to pay for assistive technology through the program. Applicants eligible to participate in the program shall meet the following requirements:
1. The applicant must be certified as deaf, hard of hearing, or deafblind; a person with a hearing and vision loss; or a person with speech difficulty by a licensed physician, audiologist, speech-language pathologist, hearing aid specialist, vocational rehabilitation counselor employed by the Department for Aging and Rehabilitative Services or the Department for the Blind and Vision Impaired, a Virginia School for the Deaf and Blind representative, a deaf and hard of hearing regional specialist, or other appropriate agency or government representative.
2. The applicant shall provide one of the following, in the name of the applicant or the applicant's spouse or legal guardian, as proof of residency in the Commonwealth of Virginia:
a. Current lease or deed to domicile in Virginia;
b. A utility bill, dated within six months of the submission, for a residence in Virginia; or
c. Any other form of proof approved by the department.
3. The applicant shall submit a completed and signed application.
Statutory Authority
§ 51.5-112 of the Code of Virginia.
Historical Notes
Derived from VR245-02-01 § 3.1, eff. September 27, 1989; amended, Virginia Register Volume 6, Issue 26, eff. October 24, 1990; Volume 8, Issue 13, eff. April 22, 1992; Volume 10, Issue 20, eff. July 27, 1994; Volume 19, Issue 4, eff. January 1, 2003; Volume 43, Issue 3, eff. November 5, 2026.
22VAC20-20-40. Charges for assistive technology.
Eligible applicants shall be granted program participation based on a first-come, first-served basis and the availability of program funds.
1. An applicant shall not be required to participate in the cost of assistive technology:
a. If family monthly gross income is:
(1) Obtained solely from public assistance, as defined in Part I of this chapter, earnings of minor children or gifts, or any combination thereof; or
(2) Less than or equal to 250% of the poverty guidelines updated annually in the Federal Register by the U.S. Department of Health and Human Services under the authority of 42 USC § 9902(2); or
b. If ownership of assistive technology equipment is retained by the department.
2. An applicant whose annual income exceeds 250% of the Federal Poverty Guidelines shall be required to pay to the vendor or to the department an amount equal to the full state contract cost or actual state invoice cost of the requested assistive technology.
3. If an applicant is paying monthly installments toward a debt, then the amount of one monthly installment will be subtracted from the applicant's expected contribution before the valid amount owed is determined, under the following conditions:
a. The debt is owed for nonpreventative medical or dental services; and
b. The debt is owed by or for the applicant or individuals whom the applicant is legally responsible to support or is legally supported by.
Statutory Authority
§ 51.5-112 of the Code of Virginia.
Historical Notes
Derived from VR245-02-01 § 3.2, eff. September 27, 1989; amended, Virginia Register Volume 6, Issue 26, eff. October 24, 1990; Volume 8, Issue 13, eff. April 22, 1992; Volume 10, Issue 20, eff. July 27, 1994; Volume 19, Issue 4, eff. January 1, 2003; Volume 43, Issue 3, eff. November 5, 2026.
22VAC20-20-50. Type of assistive technology.
The assistive technology that may be available through the program includes specialized devices and technology designed to support equal access to communication and information, amplification devices, ring signal devices, doorbell signalers, visual smoke/fire detectors, baby sound monitors, smart phones, tablets, alerting devices, and visual or vibrating alarm clocks.
Statutory Authority
§ 51.5-112 of the Code of Virginia.
Historical Notes
Derived from VR245-02-01 § 3.3, eff. September 27, 1989; amended, Virginia Register Volume 6, Issue 26, eff. October 24, 1990; Volume 8, Issue 13, eff. April 22, 1992; Volume 10, Issue 20, eff. July 27, 1994; Volume 19, Issue 4, eff. January 1, 2003; Volume 43, Issue 3, eff. November 5, 2026.
Part IV
Application Procedures
22VAC20-20-60. General.
The application may be obtained from the department in person or online or the department's deaf and hard of hearing regional specialists or other sites around the state.
The VDDHH telephone number is 1-800-552-7917 (V) or (804) 662-9502 (V).
Statutory Authority
§ 51.5-112 of the Code of Virginia.
Historical Notes
Derived from VR245-02-01 § 4.1, eff. September 27, 1989; amended, Virginia Register Volume 6, Issue 26, eff. October 24, 1990; Volume 8, Issue 13, eff. April 22, 1992; Volume 10, Issue 20, eff. July 27, 1994; Volume 19, Issue 4, eff. January 1, 2003; Volume 43, Issue 3, eff. November 5, 2026.
22VAC20-20-70. Processing applications.
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 pay coupon that is still valid and has not been redeemed toward the purchase of assistive technology 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 assistive technology shall not be approved when:
1. Assistive technology 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 assistive technology may be given within a four-year period if assistive technology is damaged through natural disasters, such as lightning, electrical storms, or floods. The recipient must provide proof that the damage was not covered by homeowners or rental insurance. The agency shall issue a replacement piece of assistive technology to the recipient, upon reapplication, either free or at the full cost of the requested technology, depending on eligibility criteria as outlined in 22VAC20-20-40.
E. Exchange of assistive technology may be permitted where the original technology can no longer be used by a recipient due to deteriorating vision or hearing or when a new technology has become available through TAP and is deemed more appropriate to the recipient's disability than a technology 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 assistive technology on the basis of the individual's disability.
Statutory Authority
§ 51.5-112 of the Code of Virginia.
Historical Notes
Derived from VR245-02-01 § 4.2, eff. September 27, 1989; amended, Virginia Register Volume 6, Issue 26, eff. October 24, 1990; Volume 8, Issue 13, eff. April 22, 1992; Volume 10, Issue 20, eff. July 27, 1994; Volume 19, Issue 4, eff. January 1, 2003; Volume 43, Issue 3, eff. November 5, 2026.
22VAC20-20-80. Notice of action on approved or denied applications.
The applicant shall be notified of a decision regarding an application within 30 calendar days of the receipt of application.
Statutory Authority
§ 51.5-112 of the Code of Virginia.
Historical Notes
Derived from VR245-02-01 § 4.3, eff. September 27, 1989; amended, Virginia Register Volume 6, Issue 26, eff. October 24, 1990; Volume 8, Issue 13, eff. April 22, 1992; Volume 10, Issue 20, eff. July 27, 1994; Volume 19, Issue 4, eff. January 1, 2003; Volume 43, Issue 3, eff. November 5, 2026.
22VAC20-20-90. Fraud.
If a recipient obtains assistive technology under false pretenses or misrepresentation of facts on the TAP application, the department reserves the right to demand return of the technology.
Statutory Authority
§ 51.5-112 of the Code of Virginia.
Historical Notes
Derived from VR245-02-01 § 4.4, eff. September 27, 1989; amended, Virginia Register Volume 6, Issue 26, eff. October 24, 1990; Volume 8, Issue 13, eff. April 22, 1992; Volume 10, Issue 20, eff. July 27, 1994; Volume 19, Issue 4, eff. January 1, 2003; Volume 43, Issue 3, eff. November 5, 2026.
Part V
Processing System
22VAC20-20-100. Processing.
Processing, redemption and invoicing shall be governed by internal departmental procedures, contractual agreements and the Commonwealth of Virginia's Prompt Payment Act that shall be applied uniformly to applicants and contracted vendors.
Statutory Authority
§ 51.5-112 of the Code of Virginia.
Historical Notes
Derived from VR245-02-01 § 5.1, eff. September 27, 1989; amended, Virginia Register Volume 6, Issue 26, eff. October 24, 1990; Volume 8, Issue 13, eff. April 22, 1992; Volume 10, Issue 20, eff. July 27, 1994; Volume 19, Issue 4, eff. January 1, 2003.
22VAC20-20-110. (Repealed.)
Historical Notes
Derived from VR245-02-01 § 5.2, eff. September 27, 1989; amended, Virginia Register Volume 6, Issue 26, eff. October 24, 1990; Volume 8, Issue 13, eff. April 22, 1992; Volume 10, Issue 20, eff. July 27, 1994; Volume 19, Issue 4, eff. January 1, 2003; repealed, Virginia Register Volume 43, Issue 3, eff. November 5, 2026.
Part VI
Confidentiality
22VAC20-20-120. Confidentiality.
All TAP applications and other client materials shall be kept confidential by department personnel and other persons authorized by the department to view the materials. The department shall keep confidential an applicant's award unless the applicant grants the department permission to make a disclosure.
Statutory Authority
§ 51.5-112 of the Code of Virginia.
Historical Notes
Derived from VR245-02-01 § 6.1, eff. September 27, 1989; amended, Virginia Register Volume 6, Issue 26, eff. October 24, 1990; Volume 8, Issue 13, eff. April 22, 1992; Volume 10, Issue 20, eff. July 27, 1994; Volume 43, Issue 3, eff. November 5, 2026.
Forms (22VAC20-20)
Technology Assistance Program Application, VDDHH-TAP-3 (eff. 6/2022)