PURPOSE: This rule establishes the requirements to determine whether an individual previously eligible for a blind pension is required to submit to a re-examination of the individual’s vision every five (5) years.

1. (1) Scope: This rule specifies how and when an individual eligible for a blind pension is required to submit to a re-examination of the individual’s vision every five (5) years.

2. (2) An individual has “no usable vision” when—

   1. (A) One (1) or both of the following two

3. (2) conditions are met:

   1. 1. The individual has no vision of any

kind; or

1. 2. The individual’s vision, with or with-

out proper adjusted glasses, or assistive technology, is determined to be up to, but not including, 5/200, or whose best visual field is five (5) degrees as tested with five (5) millimeter target or perimeter; and

1. (B) The individual’s vision loss at this level is permanent; or is medically unlikely to return or improve, with or without assistive technology.

1. (3) Applicants for a blind pension and pensioners may apply to the Family Support Division for a waiver of the requirement that they submit to a re-examination of their vision every five (5) years as authorized in section 209.040, RSMo. To qualify for the waiver the individual shall have no usable vision as certified by an ophthalmologist, a physician skilled in diseases of the eye, or an optometrist, designated or approved by the Family Support Division after an examination. The certification required by this section shall be in writing and submitted to the Family Support Division on a form provided by the division or in a letter on the provider’s letterhead within ninety (90) days of the examination conducted to determine if the individual has no usable vision. The form or letter shall be personally signed by the health care provider conducting the examination. The form or letter shall include the following information:

   1. (A) The name and license number of the ophthalmologist, physician skilled in disease of the eye, or optometrist who conducted the examination;
   2. (B) The name of the individual examined and the date of the examination;

   3. (C) The ophthalmologist, physician skilled in disease of the eye, or optometrist who conducted the examination shall state whether—

      1. 1. The individual has no vision of any

kind; or

1. 2. The individual’s vision, with or with-

out proper adjusted glasses, is up to, but not including, 5/200, or his/her best visual field is five (5) degrees or less as tested with a five (5) millimeter target or perimeter; and

1. (D) The ophthalmologist, physician skilled in disease of the eye, or optometrist who conducted the examination shall state whether that the individual’s vision loss is—

   1. 1. Permanent; or
   2. 2. Is medically unlikely to return or

improve, with or without glasses or assistive technology.

1. (4) The Family Support Division shall grant the waiver to applicants for a blind pension and blind pensioners upon receipt of the certification required in section (3).
2. (5) Blind pensioners who have been granted a waiver under this regulation shall notify the Family Support Division if they experience any improvement in their vision, with or without assistive technology, within sixty
3. (60) days of the change in vision. The notification shall be in writing and shall comply with the requirements of section (5).

4. (6) Blind pensioners who have been granted a waiver of the vision re-examination shall certify that their vision has not improved at the time of their annual eligibility redetermination. The individual shall provide the following information when making the written certification:

   1. (A) The name of the individual making the certification;
   2. (B) The individual’s current physical address;
   3. (C) Mailing address, if different from physical address;
   4. (D) The individual’s department client number or Social Security number;
   5. (E) A statement that the pensioner certifies, subject to penalty of perjury, that his or her vision has not improved, with or without glasses or assistive technology; and
   6. (F) The certification shall be signed by the blind pensioner.
5. (7) Whenever the blind pensioner reports that his or her vision has improved or the Family Support Division otherwise has reasonable cause to believe that a blind pensioner’s vision has improved, the Family Support Division shall require the blind pensioner to 13 CSR 40-13

submit to a vision re-examination to determine whether the individual is still qualified for the waiver or for blind pension benefits. The blind pensioner shall promptly submit to an eye re-examination by ophthalmologist, a physician skilled in diseases of the eye, or an optometrist, designated or approved by the Family Support Division when requested to do so by the division.

1. (8) The Family Support Division shall deny or terminate a waiver at any time the Family Support Division determines that a blind pensioner who has applied for, or who is under a waiver under this section—

   1. (A) Is not eligible for the waiver;
   2. (B) Has failed to timely notify the Family Support Division of any change in his or her vision, who fails to submit to a re-examination under section (6); or
   3. (C) Who otherwise fails to comply with his or her responsibilities under this section.
2. (9) Any blind pension payment made to a pensioner under a waiver who was not qualified for the waiver shall be a debt immediately due to the state and collected as overpayment. The blind pensioner shall repay the sum of the blind pension payments that the individual was not entitled to receive. Repayment shall be in a lump sum, or may be deducted from the blind pensioner’s blind pension payment in equal installments over a period not to exceed sixty (60) months.
3. (10) Certifications submitted by mail, or any commonly available electronic means such as fax or e-mail, shall be accepted and treated the same as an in-person filing of a certification. A blind pensioner who submits a certification by electronic transmission certifies under penalty of perjury that the certification and the information contained therein is true, accurate, and authentic. The blind pensioner shall retain and provide the original certification to the Family Support Division upon request.
4. (11) Any blind pensioner who intentionally or knowingly submits, or causes to be submitted, false information to the Family Support Division in support of a waiver under this regulation shall not be deemed a person of good moral character and shall not be eligible for a blind pension.
5. (12) All information provided to the Missouri Department of Social Services, Family Support Division in the certification shall be true, accurate, and complete.
6. (13) A blind pensioner who is aggrieved by a decision of the division under this regulation may appeal the division’s decision pursuant to section 209.110, RSMo.

AUTHORITY: section 209.040, RSMo Supp. 2014, and section 660.017, RSMo 2000.* Original rule filed Jan. 12, 2015, effective July 30, 2015. *Original authority: 209.040, RSMo 1939, amended 1945, 1947, 1949, 1951, 1953, 1955, 1959, 1961, 1963, 1965, 1967, 1969, 1973, 1975, 1976, 1978, 1980, 1981, 1982, 1983, 1984, 1986, 1991, 2014 and 660.017, RSMo 1993, amended 1995.