STATEMENT OF BASIS AND PURPOSE, FISCAL IMPACT, AND SPECIFIC STATUTORY AUTHORITY OF REVISIONS MADE TO STAFF MANUAL VOLUME 27 In creating a new manual for the Colorado Commission for the Deaf and Hard of Hearing (CCDHH), sections 27.100 through 27.191 were added as adopted following publication at the 6/6/2003 State Board meeting, with an effective date of 8/1/2003 (Rule-making# 03-3-26-1). Statement of Basis and Purpose, fiscal impact, and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Colorado Department of Human Services, Office of Performance Improvement, Boards and Commissions Division, State Board Administration.

27.100 COLORADO TELECOMMUNICATIONS DISTRIBUTION PROGRAM (TEDP)

27.110 INTRODUCTION

The Colorado Commission for the Deaf and Hard of Hearing (CCDHH) was established by Section 26-21- 102, C.R.S., to facilitate the provision of general governmental services to the deaf and hard of hearing community white making government more efficient. Under the Federal “Americans with Disabilities Act”, Colorado has a duty to provide to the deaf and hard of hearing equivalent access to governmental services. This duty requires State departments and agencies to provide interpreters, teletype machines (commonly known as TTYs), and other resources to enable such access. Section 26-21-106, C.R.S., authorizes the transfer of funds from the Colorado Disabled Telephone Users Fund to the Colorado Commission for the Deaf and Hard of Hearing and provides for the establishment of a specialized Telecommunications Equipment Distribution Program (TEDP) and other services. The commission shall assess how technology has affected the needs of the deaf and hard of hearing community. The commission shall assess the type and amount of equipment needed by low-income deaf and hard of hearing persons in order to reasonably interact with society." The CCDHH Telecommunications Equipment Distribution Program is intended solely for residential purposes and shall terminate July 1 2010, unless enacted to continue in statute.

27.120 DEFINITIONS

"Anniversary date" means the same date, but on subsequent years, that the applicant was approved for the CCDHH TEDP program.

"Applicant" means a person who applies to receive specialized telecommunications equipment under the auspices of the CCDHH Telecommunications Equipment Distribution Program. "Application" means the official paperwork from the Colorado Commission for the Deaf and Hard of Hearing used for the Telecommunications Equipment Distribution Program. "Approved date" means the date that all supporting documentation for the application is received and verified by the CCDHH.

"Audiologist" means an individual with a master's degree in Audiology who also holds a Certificate of Clinical Competence issued by the American Speech/Language and Hearing Association or who has been recognized as a School Audiologist by the Colorado Department of Education. "CCDHH" is defined in Section 26.21-102, C.R.S.: “The general assembly hereby finds, determines, and declares that a commission for the deaf and hard of hearing would facilitate the provision of general governmental services to the deaf and hard of hearing community while making government more efficient....”

"Certification" means professional verification of the extent and permanence of the applicant's disability. "Certifying professional" means those individuals who have been officially recognized by the CCDHH TEDP program to verify the extent and permanence of the applicant's disability. "Deaf means those individuals who have a severe to profound hearing loss and they communicate primarily with American Sign Language, writing, speech reading, and/or gestures. "Deaf-Blind" means those individuals who have both severe hearing loss and vision loss and who communicate primarily with tactile American Sign Language and/or Braille or large-print written communication.

"Demand" means an official and certified letter from CCDHH sent to a recipient requesting the return of CCDHH TEDP equipment.

"Fiscal constraint" means when seventy-five (75) percent of the allocated program funds have been disbursed or encumbered.

"Fraud" means the intentional deception and misreporting of information in order to obtain specialized telecommunications equipment through this program.

"Hard of Hearing" means those individuals who have a mild to severe hearing loss and rely on spoken English or speech reading as a primary method of communication. "Late deafened" means those individuals who have severe hearing loss but rely on written English or speech reading as a primary method of communication.

"Natural disaster" means an event of nature such as tornadoes, earthquakes, blizzards, floods, forest fires, dust storms, avalanches, hailstorms, and lightning strikes. "Physician" is defined in Section 12-36-107, C.R.S.

"Recipient" means a person who receives specialized telecommunications equipment under the auspices of the CCDHH Telecommunications Equipment Distribution Program. "Resident" means an individual who lives in the State of Colorado as his/her primary residence. "Specialized telecommunications equipment" means readily available or emerging adaptive equipment that enables Deaf, Hard of Hearing, Deaf- Blind, Late-Deafened individuals, or others who have a hearing loss, to access the telephone network.

"Vendor" means a company or individual who has successfully applied for certified vendor status with the State of Colorado for the purposes of the CCDHH TEDP program and has received such designation. 'Voucher" means the amount that the CCDHH TEDP program will pay for specialized telecommunications equipment for eligible applicants.

27.130 ELIGIBILITY FOR THE TEDP

The Commissioners will review all applicant eligibility requirements at least annually. To be eligible for specialized telephone equipment under the TEDP, the applicant shall meet the following eligibility criteria:,

1. A. The applicant must be a legal resident of the state of Colorado by providing one of the following:
   1. 1. A valid Colorado driver's license;
      1. 2. A valid Colorado identification card;
      2. 3. A current Colorado voter registration card;
      3. 4. A current utility bill (gas, water, electricity, telephone); or, 5. A valid student identification card and proof of current enrollment under in-state tuition status at institutions of higher learning located in Colorado.
   2. B. If the applicant is under eighteen (18) years of age, parents or guardians shall apply on behalf of child/minor and assume full responsibility for the equipment.
   3. C. The applicant must be Deaf, Hard of Hearing, Deaf-Blind, Late Deafened, or have such a hearing loss that the use of the telephone for communication is difficult without adaptive specialized telecommunications equipment. This determination can be made at the applicant's expense by one of the following:
      1. 1. A licensed physician;
      2. 2. A licensed audiologist;
      3. 3. A licensed speech-language pathologist; or, 4. Public or private agencies providing direct services to deaf, hard of hearing, deaf- blind, late-deafened, or to other individuals who have a hearing loss.
   4. D. The financial eligibility guidelines are at 185% of the Federal Poverty Level which is: Family Size Annual Gross Income 1 $16,391 2 $22,089 3 $27,787 4 $33,485 The applicant must demonstrate qualification of low-income; status by providing one of the following:
      1. 1. Social Security Award letter;
         1. 2. Valid SSDI card;
         2. 3. Valid SSI card;
         3. 4. Proof of annual gross income (Federal Income Tax return - front page only)
   5. E. The applicant must have access to residential telephone service and provide the most recent telephone bill; the address on the account must be the same as the applicant's address. Eligible applicants shall be awarded program participation on a first-come, first-served non-discriminatory basis, in accordance with the approved date, as determined by the dated signature of the CCDHH TEDP staff.

Applicants shall be placed on a waiting list during times of fiscal constraint.

27.140 APPLICATION PROCESS

The Colorado Commission for the Deaf and Hard of Hearing (CCDHH) Telecommunications Equipment Distribution Program (TEDP) staff shall provide assistance in completing forms when requested by an applicant.

1. A. Applications may be found at: the Colorado Commission for the Deaf and Hard of Hearing office, all Vocational Rehabilitation Offices, the Independent Living Centers located across the state, and online at the CCDHH website located at http://www.cdhs.state.co.us/ods/dvr/colorado_commission.htm.
   1. B. All applications received must be complete. Applications must be mailed to the TEDP because no fax or e-mail applications will be accepted.
   2. C. All eligibility requirements must be satisfied in order to be approved for participation in this program.
   3. D. The Colorado Telecommunications Equipment Distribution Program staff shall review all applications on a non-discriminatory basis in the order that the CCDHH office receives them to determine whether:
      1. 1. There is an application fee.
      2. 2. All of the information is completed on the application.
      3. 3. The applicant has provided a valid street address. If a P.O. Box is used, then a physical address of the location where the applicant resides must be provided.
      4. 4. The application has the applicant's original signature.
      5. 5. The application includes all required documentation.
      6. 6. All eligibility requirements are met as outlined in these TEDP rules.

27.141 Approved Applications

Applicants who meet all of the eligibility requirements will be notified by mail of their acceptance into the Colorado Telecommunications Equipment Distribution Program. Along with the acceptance letter will be a voucher that can be used to purchase the desired equipment as identified in this program.

1. A. Only one voucher can be issued per application.
   1. B. Only one voucher per telephone line and only one voucher per eligible individual can be issued once every 7 years unless the individual's disability changes.
   2. C. The approved date shall determine the first-come, first-served roster.
   3. D. Applicants whose applications are approved will be notified in writing that the application has been approved within sixty (60) calendar days of the date the application was received by CCDHH staff.
   4. E. A voucher and vendor list will be sent to the approved recipient: Vouchers are good for 100 days as indicated on the face of the voucher.
   5. F. A voucher shall have the value printed on its face. The approved applicant exchanging the voucher for the purchase of a specialized telecommunications device is responsible for payment of the difference between the voucher's value and the price of the device.

27.142 Pending Approved Applications

During times of fiscal constraint, applications shall be accepted and held as pending until such time as funds become available. Such applications will be pending up to twelve (12) months. If after this time period funds are still not available, then a new application must be submitted.

27.143 Denied Applications

Any applicant who has been denied participation may reapply due to a change in financial or hearing conditions of the eligibility requirements. Following are reasons for denying an application:

1. A. The applicant does not meet the eligibility requirements as established.
   1. B. The applicant has received specialized telecommunications equipment from the CCDHH TEDP program within the preceding seven (7) years.
   2. C. The applicant is an active consumer of the Colorado Department of Human Services, Division of Vocational Rehabilitation, and receives specialized telecommunications equipment as a part of an individual plan of employment.
   3. D. The applicant has negligently or willfully damaged specialized telecommunications equipment received from the CCDHH TEDP program or violated other provisions of the administrative regulations governing the TEDP program.
   4. E. The applicant 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 asked or subpoenaed to do so.
   5. F. The applicant is found negligent in a police report of a stolen device, such as doors to the house or car left unlocked or unattended.
   6. G. The applicant has lost or sold the specialized telecommunications equipment.
   7. H. If the applicant is ineligible to participate in the program, the applicant shall be given written justification for the determination within (60) days.
   8. I. Any applicant who has been denied participation may reapply if, due to a change in conditions, the eligibility criteria as delineated in this document are met.

27.144 Dispute Resolution Process

In order to resolve disputes between the CCDHH TEDP program and applicants/recipients, the Commission shall adopt procedures for the resolution of disputes consistent with this section. The procedures shall be designed to establish a simple non-adversarial format for the informal resolution of disputes.

27.150 EQUIPMENT SELECTION

The approved applicant is responsible for contacting the vendor of choice and selecting the appropriate specialized telecommunications equipment Only the specialized telecommunications equipment as described on the voucher can be purchased with the voucher.

1. A. The recipient exchanging a voucher for the purchase of a specialized telecommunications device is responsible for payment of the difference between the voucher's value and the price of the device.
   1. B. The recipient is responsible for the cost of maintenance and repair of the equipment selected through the CCDHH TEDP program.

27.151 Replacing the Equipment

A recipient may apply to replace the original specialized telecommunications equipment if:

1. A. The equipment is damaged through natural disaster;
   1. B. There is a change in status, such as deteriorating vision of hearing;
   2. C. A new device has become available through the CCDHH TEDP program and is deemed more appropriate to the recipient's disability; or, D. The identified anniversary date has passed.

27.152 Pending Replacement Applications

During times of fiscal constraint, reapplications shall be accepted and held as pending until such time as funds become available. Such reapplications will be pending up to twelve (12) months. If after this time period funds are still not available, then a new application must be submitted.

27.153 Damaged Equipment Due to Natural Disasters

A. The recipient must send the device(s) directly to the vendor as directed by the CCDHH TEDP staff.

B. The vendor will certify to CCDHH that the equipment can not be repaired due to a natural disaster.

C. The recipient must reapply to the CCDHH TEDP program and be in compliance with all eligibility requirements, be on the first-come, first-served list, and funds must be available.

27.154 Stolen Equipment

If a replacement is requested due to the equipment being stolen, then the recipient shall:

1. A. Notify local police within thirty (30) days of the theft.
   1. B. Forward a copy of the police report to CCDHH within five (5) working days of the date the theft was reported.

27.155 Leaner Equipment

No loaner equipment is available through the Colorado Commission for the Deaf and Hard of Hearing Telecommunications Equipment Distribution Program.

27.160 VENDOR REQUIREMENTS

27.161 Vendor Registration

Vendors seeking reimbursement for a Colorado Commission for the Deaf and Hard of Hearing Telecommunications Equipment Distribution Program voucher must register with the Colorado Commission for the Deaf and Hard of Hearing Telecommunications Equipment Distribution Program in accordance with these rules and must submit all information required by these rules to the CCDHH Executive Director in order to be reimbursed. Vendors must register with the Secretary of State as a for- profit or not-for-profit business in the State of Colorado. Vendors must comply with State-prescribed billing procedures.

The following minimum standards shall apply to vendor participation in the TEDP:

1. A. Vendors shall submit a CCDHH TEDP Vendor Registration Form to the CCDHH Executive Director.
   1. B. The CCDHH must receive all required registration information before a vendor will be reimbursed for a CCDHH voucher. Voucher reimbursements will be made by electronic funds transfer into the vendor's registered bank account.
   2. C. If the submitted registration information is incomplete, the CCDHH will notify the vendor of any deficiency, if it is able to make contact based on the information provided.
   3. D. Vendors are responsible for updating registration information. The CCDHH is not responsible for any loss resulting from incorrectly supplied registration information.
   4. E. Vendors must submit vendor registration information prior to any sales transactions in order to ensure payment.
   5. F. In the event that a vendor is suspended or disbarred from doing business in the State of Colorado or with the Federal government, the CCDHH shall notify the vendor that it is no longer eligible to receive voucher reimbursements under this program.

27.162 Vendor Voucher Reimbursement

A. Vendors shall submit all of the following documentation for voucher reimbursement to the CCDHH:

1. 1. The vendor's copy of the CCDHH TEDP voucher signed by the vendor, or an authorized representative, in the space provided thereon. By signing the voucher, the vendor is certifying that the equipment device has been delivered to the voucher recipient and that the equipment was new when delivered and was not used or re-conditioned.
   1. 2. The vendor's proof of delivery of the device to the voucher recipient. For proof of delivery, the vendor should seek the voucher recipient's signature on the voucher in the space provided thereon. If the vendor is unable to obtain the recipient's signature on the voucher, other evidence of delivery, such as a postal or private delivery service receipt, may be used for proof of delivery to the recipient. However, evidence of delivery to the voucher recipient must include the signature of the voucher recipient or the signature of the recipient's parent or guardian. The signature of an authorized agent will not suffice as a substitute for the signature of the recipient or the recipient's parent or guardian.
   2. 3. A receipt that contains a description of the device exchanged for a CCDHH TEDP voucher and the price charged to the customer for the device exchanged. The price charged to the customer for the device exchanged for the voucher cannot exceed the standard retail price charged by that vendor to all of its customers who purchase the same equipment. In accordance with Colorado statutes, TEDP equipment specified for purchase by voucher from the CCDHH TEDP program is exempt from sales tax.

B. If the submitted documentation is incomplete, the CCDHH will notify the vendor of any deficiency.

C. Within forty-five (45) days of receipt of all required documentation, the CCDHH will reimburse vendors, who are properly registered, by an electronic funds transfer into the vendor's registered bank account, except as noted in Item D.

D. The CCDHH will reimburse a vendor for their actual purchase standard retail price of the specialized telecommunications device as charged to all customers of that vendor for the same device, up to the face value of the voucher, but in no instance in an amount greater than the face value of the voucher.

E. Payment of a voucher may be delayed to a vendor if there is a dispute regarding the amount or propriety of the payment or whether the device or service is appropriate or adequate to meet the needs of the person to whom the CCDHH TEDP issued the voucher until the dispute is resolved.

F. The CCDHH TEDP may provide that payment of the voucher is conditioned on the return of the payment if the device is returned to the vendor within 30 days of receipt. The CCDHH may provide an alternative dispute resolution process for resolving a dispute regarding the equipment provided.

G. Submission of all required information will create the presumption of a valid transaction under the CCDHH TEDP; however, transactions for the sale of devices under the CCDHH TEDP shall be subject to investigation and audit for seven (7) years after the payment. Vendors are encouraged to maintain records of all sales transactions conducted pursuant to the CCDHH TEDP for seven

1. (7) years.

H. If a dispute arises as to whether the submitted documentation is sufficient to create a presumption of a valid CCDHH TEDP sales transaction, the CCDHH Commissioners will be the sole judge of the sufficiency of the documentation.

27.170 FRAUD

If a recipient obtained specialized telecommunications equipment under false premises or through misrepresentation of facts on the CCDHH TEDP application form, then CCDHH shall demand return of the equipment immediately. Upon demand, the recipient shall return the specified CCDHH TEDP equipment. A determination of fraud will result in permanent disqualification from the program.

27.180 CONFIDENTIALITY

All applicant and recipient information shall be kept confidential in compliance with the Colorado Human Services Code (26 C.R.S.). All information obtained by the Commission concerning an applicant is confidential information. This is to prevent exploitation of applicants and recipients, to eliminate embarrassment to them, and is in recognition of their rights as self-determining individuals who are not limited because of their need for telecommunications equipment.

27.181 Information Not Confidential

A. General information not identified with any individual is not confidential and may be released for any purpose. This includes:

1. 1. Total expenditures;
   1. 2. Number of applicants and/or recipients;
   2. 3. Statistical data obtained from studies;
   3. 4. Social data obtained from studies, reports, or surveys.

B. Information not deemed confidential may be published by newspapers. This includes:

1. 1. Expenditures by category of equipment;
   1. 2. Expenditures for administration;
   2. 3. Sum of all program expenditures.

27.190 ADMINISTRATION

27.191 Annual Report

The Executive Director of the Colorado Commission for the Deaf and Hard of Hearing shall provide to the Commissioners an annual report on the operation of the specialized Telecommunications Equipment Distribution Program. The report shall be due on July 1st of each year beginning July 1, 2004, and at a minimum, provide:

1. A. The number of persons served;
   1. B. The number of each type of equipment distributed;
   2. C. The expenditures of the program activities;
   3. D. Discussion of any major policy or operational issues;
   4. E. Any changes the Commission plans to make in the program that do not require legislative action; and,