781 KAR 1:040. Rehabilitation technology services.

      RELATES TO: KRS 151B.190, 29 U.S.C. 705(30), 723

      STATUTORY AUTHORITY: KRS 151B.185, 151B.195

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 151B.195 requires the Executive Director, Office of Vocational Rehabilitation to promulgate administrative regulations governing the services and administration of the Office of Vocational Rehabilitation. This administrative regulation prescribes when, and under what conditions, rehabilitation technology services shall be provided, in order to distribute limited funds more equitably over the entire population of otherwise eligible individuals.

      Section 1. Definitions. (1) "Applicant" means an individual who has signed a letter or document requesting vocational rehabilitation services and who is available to complete an assessment.

      (2) "Eligible individual" means an individual who has been determined by an appropriate office staff member to meet the basic conditions of eligibility for vocational rehabilitation services as defined in 34 C.F.R. 361.42.

      (3) "Office" means the Office of Vocational Rehabilitation and its appropriate staff members who are authorized under state law to perform the functions of the state regarding the state plan and its supplement.

      Section 2. Vehicle Modification. (1) Modification of a van for an eligible individual determined by an office specialist to be unable to transfer independently into and out of an automobile shall not be authorized over the maximum cost of the automobile modification.

      (2) A vehicle modification costing in excess of $5,000 shall not be provided unless the eligible individual:

      (a) Completes a driver evaluation and vehicle modification assessment by an office specialist;

      (b) Obtains a recommendation from an office specialist;

      (c) Has a vocational objective of competitive employment; and

      (d) Is within two (2) years of job placement.

      (3) Vehicle modifications shall be provided to an individual who is not within two (2) years of job placement if the Director of Program Services determines that documentation exists that the modification results in a substantial cost savings to the office.

      (4) The office shall not provide vehicle modifications in excess of $5,000 for vehicles older than two (2) years or with more than 25,000 miles unless the overall condition of the vehicle justifies the modifications as attested by an office specialist..

      Section 3. Upgrading and Repair of Vehicle Modification. (1) Vehicle modification upgrades and repair shall be provided for an eligible individual if needed for obtaining or maintaining employment.

      (2) Upgrade or repair of vehicle modifications in excess of $10,000 shall be provided if the Director of Program Services determines that the modification has a direct relationship to the employment goal and that failure to provide the modification precludes the successful achievement of the employment goal.

      Section 4. Second Time Modifications. (1) Except as provided in this section, the office shall not provide more than one (1) vehicle modification per eligible individual.

      (2) The office may approve a second time vehicle modification under the following conditions:

      (a) The eligible individual has demonstrated a two (2) year continuous work history;

      (b) The eligible individual's employer attests that the modification is needed to maintain employment; and

      (c) The modification has met a seven (7) year Internal Revenue Service depreciation schedule from the date of first modification.

      Section 5. Property Modification. (1) Permanent, nonrecoverable modification to a private home, business, or property shall be an allowable expenditure if determined by an office specialist to be essential to achieve the employment objective of the eligible individual. A direct relationship between the provision of the modification and the projected employment goal shall be demonstrated. The eligible individual shall meet economic need qualifications established in 781 KAR 1:030, Section 2. The eligible individual shall use recoverable, nonpermanent modifications if possible or cost effective.

      (2) Except as provided in subsection (3) of this section, property modifications in excess of $10,000 shall not be allowed.

      (3) Property modifications in excess of $10,000 shall be provided if the Director of Program Services determines that documentation exists that the modification has a direct relationship to the employment goal and that failure to provide the modification precludes the successful achievement of the employment goal. (17 Ky.R. 789; eff. 10-14-90; Am. 20 Ky.R. 1388; 1795; eff. 1-10-94; 21 Ky.R. 558; eff. 10-6-94; 22 Ky.R. 111; eff. 10-5-95; 2059; 23 Ky.R. 135; eff. 7-5-96; 24 Ky.R. 2433; 25 Ky.R. 82; eff. 7-13-98; 33 Ky.R. 2155; 3168; eff. 5-4-2007.)