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Administrative Code

Virginia Administrative Code
11/21/2024

Part III. Participation of Applicant

22VAC20-20-30. Eligibility requirements.

Upon request for assistive technology equipment by an applicant, the department will require information as to the family size, financial status, and other related data as described on the application. Applicants eligible to participate in the program shall meet the following requirements:

1. The applicant must be certified as deaf, hard of hearing, hearing-disabled/visually-disabled, deafblind, or speech-disabled by a licensed physician, audiologist, speech-language pathologist, hearing aid specialist, vocational rehabilitation counselor employed by the Department of Rehabilitative Services or the Department for the Blind and Vision Impaired, a Virginia School for the Deaf and Blind representative, a VDDHH outreach 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 12 months of the submission, for a residence in Virginia; or

c. Any other form of proof approved by the department.

3. The applicant shall provide correct and verifiable information on the family's gross income. The department reserves the right to request verification of income from any program applicant before determining what charges, if any, the applicant will be required to pay for assistive technology equipment through the program.

4. 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.

22VAC20-20-40. Charges for equipment.

Eligible applicants shall be granted program participation based on a first-come, first-served basis and the availability of program funds. If the individual or family monthly gross income is such that a charge for assistive technology equipment is required, an explanation of the charges shall be provided to the recipient.

1. An applicant shall not be required to participate in the cost of assistive technology equipment:

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 periodically in the Federal Register by the U.S. Department of Health and Human Services under the authority of 42 USC § 9902(2).

b. If ownership of assistive technology equipment is retained by the department.

2. Any 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 equipment.

3. If an applicant is paying monthly installments toward a debt(s), 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(s) is owed for nonpreventative medical or dental services; and

b. The debt(s) 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.

22VAC20-20-50. Type of equipment.

The equipment that may be available through the program includes but is not limited to: TTY/TDDs, large visual display TTY/TDDs, braille TTY/TDDs, amplification devices, ring signal devices, doorbell signallers, visual smoke/fire detectors, baby sound monitors, 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.

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