PURPOSE: This rule establishes the standards and procedures for the provision of a statewide telecommunications equipment distribution program providing specialized equipment to eligible individuals with disabilities. This rule implements section 209.251, RSMo through 209.259, RSMo.

1. (1) Program Title. The telecommunication equipment distribution program established by 209.251, RSMo through 209.259, RSMo shall hereinafter be referred to as the “Telecommunication Access Program (TAP)” with two programmatic components, known as “TAP for Telephone” and “TAP for Internet.”

2. (2) Definitions. As used in this rule, except as otherwise required for the context, the following terms have the meanings ascribed:

   1. (A) Adaptive telecommunications equipment—is equipment that translates, enhances or otherwise transforms the receiving or sending of telecommunications into a form accessible to individuals with disabilities and includes adaptive telephone and adaptive computer equipment.

      1. 1. Adaptive telephone equipment—is

equipment that translates, enhances or otherwise transforms the receiving or sending of voice calling and associated auditory signaling into a form accessible to individuals with disabilities.

1. 2. Adaptive computer equipment—is

equipment that translates, enhances or otherwise transforms the receiving or sending of Internet and electronic mail information into a form accessible to individuals with disabilities.

1. (B) Adjusted gross income—is the amount claimed as adjusted gross income on the applicant’s most recent federal income tax return.

2. (C) Basic telecommunication service—is a service that supplies the transmission and reception of information to and from customer premises equipment and includes basic telephone and Internet services.

   1. 1. Basic telephone service—is telephone

service from a telephone company that supplies the transmission and reception of voice calls to and from customer premises equipment. Basic telephone service does not include other types of voice communications, such as two-way radio communication, nor does it include adjunct-to-basic voice communication services, such as caller identification or voice mail.

1. 2. Basic Internet service—is service

from an Internet service provider that supplies the transmission and reception of electronic information, web and electronic mail, to and from customer premises equipment. Basic Internet service does not include other types of electronic communications such as alpha-numeric paging or facsimile communication.

1. (D) Consumer support services—are services that assist individuals with disabilities or their families or caregivers in the selection of the most appropriate adaptive telecommunications equipment to meet their needs and in the installation and use of such equipment.
2. (E) Eligible applicants—are individuals with disabilities who have been certified as unable to use traditional telecommunication equipment for access to basic telephone or Internet service.
3. (F) Program administrator—is staff of Missouri Assistive Technology or other entity so designated by the Missouri Assistive Technology Advisory Council.
4. (G) Qualified agency—is an entity that regularly works with individuals with disabilities, is familiar with adaptive telecommunications equipment and resources, and is able to assist individuals with disabilities in determining equipment needs.
5. (H) Reasonable access to basic telecommunications service—is access delivered by cost-effective adaptive telephone equipment or cost-effective adaptive computer equipment.

6. (I) Traditional telecommunications equipment—is customer premises equipment used to access basic telecommunications service and includes traditional telephone equipment for telephone service and traditional computer equipment for Internet service.

   1. 1. Traditional telephone equipment—is a

typical telephone with dial pad, handset, and audio ringer used to place and receive voice calls.

1. 2. Traditional computer equipment—is a

typical computer system with keyboard, pointing device, and visual display monitor used to send and receive electronic information.

1. (3) Applicant Eligibility.

   1. (A) Eligible applicants shall:

      1. 1. Be certified by a licensed physician,

audiologist, speech pathologist, hearing instrument specialist or qualified agency as 1 CSR 70-1

unable to use traditional telecommunications equipment due to disability;

1. 2. Have specific adaptive telecommuni-

cations equipment designated by an approved agent;

1. 3. Be residents of Missouri;
2. 4. Meet financial income standards;
3. 5. Have access to basic telephone equip-

ment and service if applying for adaptive telephone equipment or have access to basic Internet equipment and service if applying for adaptive computer equipment.

1. (B) Applicants shall be eligible for one adaptive equipment system that provides access to basic telecommunication. Applicants shall not be eligible for more than one equipment system to provide access in more than one location, for example, equipment for both upstairs and downstairs in a residence or equipment for both work and home.

2. (C) Applicants who have received equipment from the program in the past shall be eligible for replacement equipment according to the time schedule established by the program administrator and shall be notified of such replacement period when they receive their initial equipment. The program administrator may also find applicants eligible for replacement equipment if:

   1. 1. The device is damaged through natu-

ral disasters, such as lightning, electrical storms, floods or other acts of God;

1. 2. There is a change in disability status

rendering the adaptive equipment inappropriate to meet their needs;

1. 3. A new device has become available

through TAP that is deemed more appropriate to the applicant’s disability than a device previously provided by TAP.

1. (D) Applicants shall have an annual adjusted gross income that does not exceed $60,000 for an individual or an individual plus a second exemption, spouse or dependent. For each additional dependent claimed, $5,000 shall be added to the $60,000 base level.

2. (E) Applicants shall be ineligible for equipment when the applicant has:

   1. 1. Sold or otherwise transferred owner-

ship of equipment received from TAP to an individual or entity other than the originally authorized applicant;

1. 2. Lost equipment received from TAP

through negligence such as leaving in an unlocked house or unlocked car;

1. 3. Negligently or willfully damaged

equipment received from TAP or violated other provisions of the administrative rules governing TAP.

1. (4) General Application and Certification Procedures.

   1. (A) Individuals shall apply for equipment from the program, on forms approved by the program administrator, that include:

      1. 1. Applicant name, address, home and

work phone, date of birth, Social Security number;

1. 2. Assurance of Missouri residency,

assurance of current access to basic telephone equipment and service, assurance of income level;

1. 3. Identification of current or past use of

adaptive equipment;

1. 4. Specific request for specialized equip-

ment or request for assistance in selecting equipment;

1. 5. Original applicant signature and date.
2. (B) Applicants may elect to allow the program to release their name, address, and phone number to an agency that provides consumer support. Applicants who have a hearing disability may elect to allow the program to release their name, address, and date of birth to the Missouri Commission for the Deaf to be used solely for completing the commission’s census.
3. (C) In addition to information required on the application and certification form, applicants shall supply any additional information which the program administrator deems reasonably necessary to determine the applicant’s eligibility and to assist in determining the adaptive equipment which best meets the applicant’s needs.
4. (D) Certifying agents shall, on forms approved by the program administrator, certify that the applicant, by name, is unable to use traditional telecommunications equipment because of a specific category of disability. Equipment approving agents shall designate that the applicant needs specific adaptive equipment as identified on forms approved by the program administrator. The certifying agent shall sign and date the certification and provide state license number if certifying as a physician, audiologist, hearing instrument specialist or speech pathologist. Certifiers shall possess full licensure, not temporary or provisional. Approved agency representatives certifying shall provide the name of the approved agency. All certifying agents shall provide their name, address, and phone number to enable the program administrator to contact them as necessary. Equipment approving agents shall sign the equipment designation form and shall provide their approval number.

1. (5) Approval of Certifying and Equipment Approving Agencies and Agents.

   1. (A) Entities desiring to be approved as a certifying agency shall request such designation from the program administrator. The program administrator will review agency qualifications and may require an agency to complete training provided by the program administrator prior to approval.
   2. (B) Entities desiring to be designated as an equipment approval agent shall participate in periodic training provided by the program administrator. Such training shall include specific information about adaptive telecommunications equipment to support appropriate equipment selection. Upon satisfactory completion of initial training, the program administrator will provide equipment approval designation and will thereafter renew equipment approval designation based on subsequent participation in required training. Equipment approval agents who do not participate in periodic training shall not retain approval designation.
   3. (C) The program administrator will maintain a list of approved certifying and equipment approval agencies and those personnel of the agency who are approved to certify and designate equipment matches. A list of approved certifying and equipment approval agencies will be included with applicant education information and otherwise made available as widely as possible.
2. (6) Appeals Process. Applicants may appeal any disapproval of an equipment request by filing a written appeal with the Missouri Assistive Technology Advisory Council. No specific form shall be required. The appeal shall describe how the equipment requested is necessary for basic telecommuncations access and conforms with adopted program rules. The council may hear appeals during any regularly scheduled council meeting or may call a special meeting of the council for such purpose.
3. (7) Fraud. If an applicant supplies false information or obtains adaptive equipment through misrepresentation of facts on the application and certification form, TAP may demand return of the equipment and shall declare such applicants ineligible for future equipment from TAP.
4. (8) Confidentiality. All applicant information shall be kept confidential except for approved release of information for purposes specified on the application form.

5. (9) TAP for Telephone Specific Procedures.

   1. (A) Equipment Provided—Adaptive telephone equipment shall be provided in sufficient scope to meet the needs of individuals with all types of disabilities and shall be procured in a cost effective manner.

      1. 1. The program administrator shall

develop and maintain a list of adaptive telephone equipment designed to provide reasonable access to basic telephone service for individuals with a wide range of disabilities. The list will be provided with the application and certification form. The program will monitor the market for devices that might be added to the program to better meet individual needs and will update the list as necessary to remain current with the market.

1. 2. Adaptive telephones or adaptive

devices that attach to the telephone shall be considered first to provide access. For the majority of program applicants, adaptive equipment that attaches to or replaces the typical end-unit telephone will be available on the approved list to meet their needs. Equipment that does not directly attach to or replace the phone will be provided by the program when no other device will deliver the needed access.

1. 3. The program may provide equipment

not on the list if such equipment is necessary for basic telephone access and is cost effective as compared to devices on the list.

1. 4. The program shall not provide adap-

tive devices needed for one-to-one personal communication such as hearing aids, artificial larynx, or other augmentative communication devices.

1. 5. The program shall maintain a list of

vendors with which it has contracted to provide adaptive telephone equipment in a costeffective manner.

1. (B) Application Processing—The program administrator shall process TAP for telephone applications and deliver equipment and services that assure an appropriate match between an individual with a disability and adaptive equipment.

   1. 1. Each application shall be reviewed for

completeness. If any information is missing, the applicant will be contacted and requested to supply such information.

1. 2. Each applicant’s eligibility will be

verified by information provided on the application form.

1. 3. If the application:

   1. A. Requests the same equipment as

was provided by the program at least four (4) years prior to this application, the prior equipment delivery will be verified and the new equipment request will be approved without new disability certification needed.

1. B. Requests equipment on the

approved list, the request will be matched with disability description, as provided by the application form or equipment worksheet, and approved.

1. C. Requests equipment not on the

approved list, the explanation will be reviewed to determine if the equipment is necessary for basic telephone access and is cost effective as compared to devices on the list. If so, the equipment request will be approved.

1. 4. Upon verification of applicant eligi-

bility and determination of equipment/disability match, the program administrator shall order the equipment from an approved vendor.

1. 5. Equipment orders shall include appli-

cant name, make and model of equipment ordered, applicant shipping address, phone number, and date of order. The program administrator shall transmit equipment orders directly to the vendor by facsimile or via other time expedient mechanism that is mutually agreeable.

1. 6. Applicants will be notified if their

equipment request cannot be approved.

1. 7. Upon receipt of equipment order, the

vendor shall ship the equipment directly to the applicant’s Missouri residence by verifiable delivery mechanism.

1. 8. The vendor shall provide the program

administrator with a monthly invoice of all equipment ordered and delivered.

1. 9. The program administrator may

establish alternative and pilot programs to increase program quality and consumer satisfaction.

1. (C) Consumer Support—The program administrator shall deliver consumer support services directly or through contracts with individuals, organizations, vendors, or other entities. Consumer support providers shall:

   1. 1. Have expertise and experience of suf-

ficient depth and breadth to assist consumers in identifying adaptive telephone equipment that will meet their needs;

1. 2. Be able to provide adaptive telephone

equipment orientation and use training;

1. 3. Participate in training activities as

may be required by the program administrator to assure equipment competency; and

1. 4. Be able to demonstrate equipment

knowledge and competency as requested by the program administrator.

1. (D) Equipment Ownership, Repair and Replacement—

   1. 1. Adaptive telephone equipment pur-

chased for an individual applicant may be owned by that applicant or may be provided on a long-term loan basis at the discretion of the program administrator based on determination of effectiveness.

1. 2. Adaptive telephone equipment will be

covered by the product warranty or by a one (1)-year express warranty provided via the Missouri Lemon Law for Assistive Devices.

1. 3. The program administrator may pro-

vide a repair and replacement program.

1. 4. Miscellaneous supplies, such as Text

Telephone (TTY) paper, are the applicant’s responsibility.

1. 5. An applicant shall be eligible for

replacement equipment every four (4) years, unless their disability needs change. The program administrator may approve equipment replacement within this time period for extenuating circumstances.

1. 6. If an applicant’s disability changes,

rendering the adaptive telephone equipment inappropriate to meet their needs, the applicant may reapply for new equipment and shall provide a description of the disability change.

1. (10) TAP for Internet Specific Procedures.

   1. (A) Equipment Provided—Adaptive equipment needed for Internet access shall be provided in sufficient scope to meet the needs of individuals with all types of disabilities and shall be procured in a cost effective manner.

      1. 1. The program administrator shall

develop and maintain a list of adaptive equipment designed to provide reasonable access to basic Internet service for individuals with a wide range of disabilities. The equipment list shall include adaptive computer equipment that is compatible with a wide range of commonly used computers, operating systems, browsers and electronic mail applications. The list will be provided with the application and certification form. The program will monitor the market for devices that might be added to the program to better meet individual needs and will update the list as necessary to remain current with the market.

1. 2. The program may provide equipment

not on the list if such equipment is necessary for basic Internet access and is cost effective when compared to devices on the list.

1. 3. The program will not provide:

   1. A. Base computer equipment or con-

nection equipment needed for Internet access such as a standard computer, monitor, keyboard, mouse, modem, dial-up application, browser, electronic mail application, or other standard Internet related hardware and software;

1. B. Service from an Internet service

provider;

1. C. Print output devices such as laser

printers and braille embossers;

1. D. Adaptive devices needed for one-

to-one personal communication such as hearing aids, artificial larynx, or other augmentative communication devices;

1. E. Devices needed for Internet access

beyond computer adaptations, such as adaptive devices for cable television-based Internet access; 1 CSR 70-1

1. F. Keyboarding or other training

beyond consumer support in the use of adaptive equipment.

1. 4. The program shall not be obligated to

provide adaptive equipment necessary for access to every Internet browser application, electronic mail application, dial-up application, or other Internet related software.

1. 5. The program shall maintain a list of

vendors with which it has contracted to provide adaptive computer equipment.

1. (B) Application Processing—The program administrator shall process TAP for Internet applications and deliver equipment and services that assure an appropriate match between an individual with a disability and adaptive equipment.

   1. 1. Each application shall be reviewed for

completeness. If any information is incomplete, the applicant will be contacted and requested to supply such information.

1. 2. Each applicant’s eligibility will be

verified by information provided on the application form.

1. 3. If the application:

   1. A. Requests equipment on the

approved list, and no installation or usage support is needed, the request will be matched with disability certification and approved;

1. B. Includes an equipment worksheet

completed by an approved consumer support provider, verifying applicant needs for the adaptive computer equipment identified, the application will be approved and authorization for consumer support services provided as needed;

1. C. Requests equipment not on the

approved list, the explanation will be reviewed to determine if the equipment is necessary for basic Internet access and is cost effective as compared to devices on the list. If so, the equipment request will be approved.

1. 4. Upon verification of applicant eligi-

bility and determination of equipment/disability match, the program administrator shall order the equipment from an approved vendor and will notify the applicant that the equipment has been ordered.

1. 5. Equipment orders shall include appli-

cant name, make and model of equipment ordered, applicant or consumer support provider shipping address, and date of order. The program administrator shall transmit equipment orders directly to the vendor by facsimile or via other time expedient mechanism that is mutually agreeable.

1. 6. Applicants will be notified if their

equipment request cannot be approved as submitted and will be asked to revise their equipment request accordingly.

1. 7. Upon receipt of equipment order, the

vendor shall ship the equipment directly to the applicant’s Missouri residence or to an approved consumer support provider by verifiable delivery mechanism.

1. 8. The vendor shall provide the program

administrator with a monthly invoice of all equipment ordered and delivered.

1. 9. The program administrator may

establish alternative and pilot programs to increase program quality and consumer satisfaction.

1. (C) Consumer Support—The program administrator shall deliver consumer support services directly or through contracts with individuals, organizations, vendors, or other entities. Consumer support providers shall:

   1. 1. Have expertise and experience of suf-

ficient depth and breadth to assist consumers in identifying adaptive computer equipment that will meet their needs for Internet access;

1. 2. Be able to provide adaptive computer

equipment installation, orientation and use training;

1. 3. Participate in training activities as

may be required by the program administrator to assure equipment competency; and

1. 4. Be able to demonstrate equipment

knowledge and competency as required by the program administrator.

1. (D) Equipment Ownership, Repair and Replacement—

   1. 1. Adaptive computer equipment pur-

chased for an individual applicant shall be owned by that applicant and applicants are in general responsible for service, repair, and replacement.

1. 2. Configuration and compatibility

adjustments, such as those created by Internet service provider changes or changes in operating system software, are the applicant’s responsibility.

1. 3. An applicant shall be eligible for

replacement equipment every three years. The program administrator may approve equipment replacement within this time period for extenuating circumstances.

1. 4. The program administrator will regu-

larly review all upgrades to software products on contract for the program. If the upgrade is determined to be necessary for product efficiency and is cost effective, the upgrade will be provided notwithstanding the replacement cycle. All applicants who received a product eligible for an upgrade will be notified by the program and asked to submit an upgrade request.

1. 5. If an applicant’s disability changes,

rendering the adaptive equipment needed for Internet access inappropriate to meet their needs, the applicant may reapply for new equipment and shall provide a description of the disability change.

AUTHORITY: section 209.253, RSMo 2000.* This rule originally filed as 8 CSR 70-1.010. Emergency rule filed July 28, 2000, effective Aug. 28, 2000, expired Feb. 23, 2001. Original rule filed July 28, 2000, effective Jan. 30, 2001. Emergency amendment filed Dec. 21, 2000, effective Dec. 31, 2000, expired June 28, 2001. Amended: Filed Dec. 21, 2000, effective June 30, 2001. Amended: Filed Aug. 7, 2001, effective Feb. 28, 2002. Amended: Filed Feb. 4, 2004, effective Aug. 30, 2004. Moved to 1 CSR 70-1.010 and amended: Filed May 23, 2005, effective Dec. 30, 2005.

*Original authority: 209.253, RSMo 1990, amended 1996, 2000.