H. B. 2846


(By Delegates Mezzatesta, Spencer,
Manuel, Shelton, Williams,


Anderson and Ennis)

[Introduced March 28, 1997; referred to the
Committee on Government Organization.]


A BILL to amend chapter twenty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article twenty-five, relating to eligibility requirements, application and certification procedures needed to receive telecommunications devices for the deaf, hearing impaired and speech impaired; definitions; general applicant criteria; application and certification procedures for eligibility; application process; criteria to be used in denying applications; replacement equipment; equipment subject to being loaned for use; fraud; the distribution program for telecommunications devices for the deaf; and requiring an annual report to be filed with the Legislature.

Be it enacted by the Legislature of West Virginia:
That chapter twenty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new article, designated article twenty-five, to read as follows:
ARTICLE 25. ELIGIBILITY REQUIREMENTS AND APPLICATION AND CERTIFICATION PROCEDURES NEEDED TO RECEIVE TELECOMMUNICATIONS DEVICES FOR THE DEAF AND HEARING IMPAIRED.

§29-25-1. Definitions.

(a) "Applicant" means a person who applies to receive specialized telecommunications equipment under the auspices of the West Virginia commission for the deaf and hard of hearing telecommunications device for the deaf distribution program;
(b) "Application" means the West Virginia commission for the deaf and hard of hearing telecommunications device for the deaf distribution program application which is entitled "Application and Certification to Receive Specialized Telecommunications Equipment";
(c) "Audiologist" means a person who is licensed by the West Virginia board of licensure for speech-language to engage in the practice of audiology;
(d) "Certification" means professional verification of the extent and permanence of the applicant's disability;
(e) "Completion date" means the date that all supporting documentation relative to an application is received by the West Virginia commission for the deaf and hard of hearing, as determined by the executive director of the West Virginia commission for the deaf and hard of hearing;
(f) "Deaf and hard of hearing" means persons who have hearing disorders. These persons cannot hear and understand speech clearly through the ear alone, with or without hearing aids;
(g) "Deaf-blind" means any individual whose primary disability is deafness and secondary disability is vision impairment;
(h) "Fiscal constraint" means seventy-five percent or more of program funds have been disbursed or encumbered;
(i) "Loaner" means any specialized telecommunications equipment that the West Virginia commission for the deaf and hard of hearing loans to recipients while their specialized telecommunications equipment is being repaired;
(j) "Physician" means a person who has a medical degree and a license to practice medicine in any state or states in the United States;
(k) "Recipient" means a person who receives specialized telecommunications equipment under the auspices of the West Virginia commission for the deaf and hard of hearing telecommunications device for the deaf distribution program;
(l) "Specialized telecommunications equipment" means equipment that enables deaf, hard of hearing or speech-impaired individuals to access telecommunications, such as telecommunications devices for the deaf, amplifiers, ring signal devices, whether visual, audible or tactile, amplified ring signal devices, large visual display telecommunications devices for the deaf and artificial larynx and electronic speech aids;
(m) "Speech-language pathologist" means a person who is licensed by the West Virginia board of licensure for speech- language to engage in the practice of speech-language pathology;
(n) "Telecommunications device for the deaf" means a machine with a typewriter keyboard connected by an acoustic coupler to a regular telephone. Two people with compatible equipment can have a typed conversation over regular telephone lines, enabling hearing and speech-impaired people to have the same functional telephone service as other people;
(o) "Telecommunications distribution program" means the eligibility requirements and the application and certification procedures, to receive free telecommunications devices for the deaf; and
(p) "Voucher" means a form which authorizes the recipient to purchase specialized telecommunications equipment through the West Virginia commission for the deaf and hard of hearing telecommunications device for the deaf distribution program.
§29-25-2. General applicant criteria.
(a) An applicant shall be:
(1) A legal resident of the state of West Virginia;
(2) At least five years of age and, if the applicant is between five and eighteen years of age, parents or guardians shall apply on behalf of such applicants and assume full responsibility for equipment; and
(3) Deaf, hard of hearing or speech impaired to the degree that the applicant cannot use the telephone for communication without adaptive equipment.
(b) Initial and replacement applications shall be:
(1) Made on forms provided by the West Virginia commission for the deaf and hard of hearing;
(2) Signed and submitted in person or via mail; and
(3) Accompanied by documented proof of eligibility as required by the West Virginia commission for the deaf and hard of hearing.
(c) The West Virginia commission for the deaf and hard of hearing shall require that applicants provide professional verification of the extent and permanence of their disability. The certification shall be included as part of the application form, and the following requirements shall apply:
(1) Verification shall be at the applicant's expense.
(2) Certification shall be done by:
(A) A licensed physician;
(B) An audiologist;
(C) A speech-language pathologist; or
(D) Public or private agencies working with deaf, hard of hearing or speech-impaired individuals, subject to approval by the West Virginia commission for the deaf and hard of hearing.
(d) With the exception of individuals who receive assistance from the programs designed to provide telephone services to those who would not normally be able to afford such services, applicants shall subscribe to, or have currently applied for, telephone service, which shall include:
(1) Installation of a telephone line in their home at their own expense; and
(2) Payment of monthly telephone bills.
(e) Eligible applicants shall be awarded program participation on a first-come, first-served basis, in accordance with the completion date, as determined by the dated signature of the telecommunications device for the deaf distribution coordinator.
(f) The West Virginia commission for the deaf and hard of hearing shall distribute the specialized telecommunications equipment through the voucher system established in this state.
(g) One telecommunications device for the deaf and any adaptive equipment shall be distributed to a deaf, hard of hearing or speech-impaired individual for one residential access line only.
§29-25-3. Application and certification procedures for eligibility.
(a) The West Virginia commission for the deaf and hard of hearing adheres to specific application and certification procedures in this program.
(1) A form titled "Application and Certification to Receive Specialized Telecommunications Equipment," shall be utilized in the application and certification procedures of this program. Such form shall be designed to ensure compliance in accordance with the provisions of this article.
(2) The form may be inspected, copied or obtained at the office of the West Virginia commission for the deaf and hard of hearing during normal working hours.
(b) In the event the demand for the specialized telecommunications equipment exceeds available funds, the following statement shall be included on all application forms, which the applicant shall be required to sign: "The West Virginia commission for the deaf and hard of hearing has a limited amount of funds for the program. There is the possibility that recipients may be placed on a waiting list to receive the specialized telecommunications equipment, due to a large number of applications and the exhaustion of these limited funds on an annual basis. The specialized telecommunications equipment shall be distributed on a nondiscriminatory, first-come, first-served basis."
§29-25-4. Application process.
(a) The West Virginia commission for the deaf and hard of hearing staff may provide assistance in completing forms when requested by an applicant.
(b) The telecommunications device for the deaf distribution program coordinator shall review all applications in the order they are received by the West Virginia commission for the deaf and hard of hearing to determine whether:
(1) All required attachments are included; and
(2) All eligibility requirements are met.
(c) An application, either initial or replacement, which has been satisfactorily completed, shall be dated and signed by the telecommunications device for the blind distribution program coordinator. The completion date determines the first-come, first-serve roster.
(d) Applicants shall be notified in writing whether their initial or replacement application has been accepted or rejected within sixty calendar days of the completion date, unless a letter, as described in subsection five of this section, has been
forwarded indicating otherwise.
(e) During the first two years of program implementation applicants shall be advised in writing within sixty days that their applications may take longer than sixty days to process.
(f) At the end of the second year, the application process shall be reevaluated and, if feasible, a sixty day response time shall be imposed.
(g) If the West Virginia commission for the deaf and hard of hearing finds that an applicant is ineligible to participate in the program, the applicant shall be given written justification for this determination within sixty days unless a letter as specified in subsection (e) of this section is sent. Any applicant who has been denied participation may reapply if, due to a change in conditions, he meets eligibility requirements as delineated in section two of this article.
§29-25-5. Denial of applications.
Initial and replacement applications shall be denied when:
(a) The applicant has already been issued a voucher entitling him or her to receive a free telecommunications device for the deaf, which remains valid toward the purchase of specialized telecommunications equipment under this program;
(b) The applicant has received specialized telecommunications equipment from the telecommunications device for the deaf distribution program within the preceding four years;
(c) The applicant has negligently or willfully damaged specialized telecommunications equipment previously received from the West Virginia commission for the deaf and hard of hearing telecommunications device for the deaf distribution program;
(d) The applicant fails to provide a police report of a stolen device or refuses to cooperate with a police investigation in the prosecution of a suspect, including any refusal to testify in court when subpoenaed to do so;
(e) The applicant is determined to have been negligent in a police report pertaining to a stolen device, due to an omission such as leaving doors to a house or car unlocked or otherwise unattended;
(f) The applicant has lost or sold the specialized telecommunications equipment; or
(g) In the case of replacement equipment upon the passage of four years, if the original specialized telecommunications equipment is found to be technologically up-to-date and functional by the West Virginia commission for the deaf and hard of hearing.
§29-25-6. Replacement equipment.
(a) A recipient may apply for replacement equipment if:
(1) The specialized telecommunications equipment is damaged as a result of natural disasters, such as lightning, electrical storms, floods or other acts of God;
(2) There is a change in disability status, such as deteriorating vision or hearing;
(3) A new device has become available through the telecommunications device for the deaf distribution program and is deemed more appropriate for the recipient's disability than a device previously purchased by the recipient through a voucher issued by the West Virginia commission for the deaf and hard of hearing; or
(4) Four years have elapsed since the applicant last received specialized telecommunications equipment.
(b) Replacement equipment shall be issued to applicants who demonstrate eligibility.
(c) Priority shall be given in the distribution of replacement equipment to first-time recipients during times of fiscal constraint.
(d) If replacement equipment is requested as the result of specialized telecommunications equipment becoming damaged through natural disasters, such as lightning, electrical storms or floods, then:
(1) The recipient shall first send the damaged equipment to the vendor;
(2) If the vendor certifies to the West Virginia commission for the deaf and hard of hearing that the equipment provided to the recipient is unrepairable due to natural disaster, a replacement unit shall be issued to the recipient, upon reapplication, subject to:
(A) Equipment availability;
(B) Compliance with eligibility criteria provided for herein; and
(C) A first-come, first-served basis.
(e) If the recipient obtains certification from a physician, audiologist or speech-language pathologist stating that the recipient would benefit from another particular device available through the West Virginia commission for the deaf and hard of hearing's telecommunications device for the deaf distribution program due to a change in disability status or such device becoming available, then replacement equipment shall be issued to the applicant. As an alternative, public or private agencies working with deaf, hard of hearing or speech-impaired individuals may provide certification, subject to approval by the West Virginia commission for the deaf and hard of hearing.
(f) If the replacement equipment is requested due to the specialized telecommunications equipment being stolen, then the recipient shall:
(1) Notify local police; and
(2) Forward a copy of the police report to the West Virginia commission for the deaf and hard of hearing within five working days of the date the theft was reported; and
(3) Cooperate in the prosecution of the perpetrator of the theft, if and when the accused perpetrator is identified.
(g) If the replacement equipment is requested because four years have passed, then the recipient shall either bring in person or mail their original specialized telecommunications equipment to the West Virginia commission for the deaf and hard of hearing.
(1) The West Virginia commission for the deaf and hard of hearing shall then determine whether or not the original specialized telecommunications equipment is technologically obsolete or nonfunctional; and
(2) If the original specialized telecommunications equipment is:
(A) Technologically obsolete or nonfunctional, the recipient shall follow the replacement application process as delineated by the West Virginia commission for the deaf and hard of hearing; or
(B) Determined not to be technologically obsolete or nonfunctional, then the application for replacement specialized telecommunications equipment shall be denied.
§29-25-7. Equipment subject to being loaned.
When a recipient's specialized telecommunications equipment is under repair or maintenance, the West Virginia commission for the deaf and hard of hearing shall provide, at no cost, "loaner" specialized telecommunications equipment upon receipt of a completed loan agreement form from the recipient.
§29-25-8. Fraud.
If a recipient has obtained specialized telecommunications equipment under false pretenses or through the misrepresentation of facts on a West Virginia commission for the deaf and hard of hearing application, the West Virginia commission for the deaf and hard of hearing may demand return of the equipment immediately. Upon demand, the recipient shall return the specialized telecommunications equipment and shall be ineligible to participate in the West Virginia commission for the deaf and hard of hearing telecommunications device for the deaf distribution program.
§29-25-9. Distribution program for telecommunications devices for the deaf.
(a) As used in this section:
(1) "Telecommunications device for the deaf" means a keyboard mechanism attached to a standard telephone set which allows for messages to be typed rather than spoken; and
(2) Telecommunications device for the deaf distribution program means the program to furnish telecommunications devices for the deaf, hard of hearing and speech-impaired persons, in order that they may use the telecommunications relay service established herein. The program shall include maintenance and repair of the equipment.
(b) On or before the first day of July, one thousand nine hundred ninety-seven, the West Virginia commission for the deaf and hard of hearing shall establish a program to distribute telecommunications devices for the deaf distribution program to any deaf, hard of hearing or speech-impaired person qualified to receive the equipment, pursuant to subsection (c) of this section.
(1) Prior to the establishment of the telecommunications device for the deaf distribution program, the West Virginia commission for the deaf and hard of hearing shall initiate an investigation, conduct public hearings and solicit the advice and counsel of deaf, hard-of-hearing and speech-impaired persons and the organizations serving them.
(2) The West Virginia commission for the deaf and hard of hearing may contract with any person or public or private organization to provide part or all of the components of the telecommunications device for the deaf distribution program, if applicable statutory procurement provisions are followed. The West Virginia commission for the deaf and hard of hearing may use assistance from public agencies of West Virginia or the federal government or from private organizations, to accomplish the purposes of this section. The West Virginia commission for the deaf and hard of hearing shall enter into an agreement with the public service commission for coordination and oversight of funding and operations to meet the objectives of this section. The West Virginia commission for the deaf and hard of hearing may also enter into an agreement with other state agencies to accomplish the purposes of this article.
(c) Factors to determine a person's eligibility to receive a telecommunications device for the deaf shall include, but not be limited to:
(1) West Virginia residency;
(2) Attainment of at least five years of age; and
(3) Certification as being deaf, hard of hearing or severely speech-impaired by a licensed physician, audiologist, speech pathologist or by any other method recognized by the West Virginia commission for the deaf and hard of hearing. Certification shall verify that the individual cannot use the telephone for communication without adaptive equipment.
(d) No more than one telecommunications device for the deaf may be provided to a person qualified to receive the equipment, pursuant to subsection (c) of this section. However, a malfunctioning telecommunications device for the deaf originally distributed by the program may be returned for repair or replacement. The West Virginia commission for the deaf and hard of hearing may prioritize distribution of the telecommunications on the basis of need.
(e) The West Virginia commission for the deaf and hard of hearing shall take steps to establish procedures for application and distribution of telecommunications devices for the deaf by proposing legislative rules, in accordance with the provisions of this code.
§29-25-10. Annual report on telecommunications device for the deaf distribution program.
The West Virginia commission for the deaf and hard of hearing shall provide an annual report for inspection by the Legislature on the operation of the telecommunications device for the deaf distribution program. The report shall be due on the first day of July of each year, beginning the first day of July, one thousand nine hundred ninety-seven, and, at a minimum, address the following:
(a) The number of persons served and the number of telecommunications devices for the deaf distributed;
(b) The revenues and expenditures of the program;
(c) Any major policy or operational issues that exist or have arisen related to the program; and
(d) Any changes the commission plans to make in the program that does not require legislative action.


NOTE: The purpose of this bill is to provide for eligibility requirements and application and certification procedures needed to receive telecommunications devices for the deaf, hearing impaired or speech impaired.

Article 25 is new; therefore, strike-throughs and underscoring have been omitted.