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.