1. 1. An applicant shall not be required to participate in the cost of assistive technology equipment:

   1. a. If family monthly gross income is:

      1. (1) Obtained solely from public assistance, as defined in Part I of this chapter, earnings of minor children or gifts, or any combination thereof; or
      2. (2) Less than or equal to 250% of the poverty guidelines updated periodically in the Federal Register by the U.S. Department of Health and Human Services under the authority of 42 USC § 9902(2).
   2. b. If ownership of assistive technology equipment is retained by the department.
2. 2. Any applicant whose annual income exceeds 250% of the Federal Poverty Guidelines shall be required to pay to the vendor or to the department an amount equal to the full state contract cost or actual state invoice cost of the requested equipment.

3. 3. If an applicant is paying monthly installments toward a debt(s), then the amount of one monthly installment will be subtracted from the applicant's expected contribution before the valid amount owed is determined, under the following conditions:

   1. a. The debt(s) is owed for nonpreventative medical or dental services; and
   2. b. The debt(s) is owed by or for the applicant or individuals whom the applicant is legally responsible to support or is legally supported by.

Eligible applicants shall be granted program participation based on a first-come, first-served basis and the availability of program funds. If the individual or family monthly gross income is such that a charge for assistive technology equipment is required, an explanation of the charges shall be provided to the recipient.

Statutory Authority

§ 51.5-112 of the Code of Virginia.

Historical Notes

Derived from VR245-02-01 § 3.2, eff. September 27, 1989; amended, Virginia Register Volume 6, Issue 26, eff. October 24, 1990; Volume 8, Issue 13, eff. April 22, 1992; Volume 10, Issue 20, eff. July 27, 1994; Volume 19, Issue 4, eff. January 1, 2003.