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Vol. 1, No. 2 Sept/Oct 1993 |
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Financing Assistive Technology: The New Federal Perspective on Vocational Rehabilitation
Ron Sibert, DATI Funding Specialist
You’ve heard it before... assistive technology (AT) devices and services can be a great help to people of all ages with disabilities... but what about cost? The last issue of The AT Messenger contained a discussion of AT financing options for school age children and adolescents with disabilities. There are also programs for working age adults with disabilities. For adults and children alike, technology’s promise doesn’t have to die with the question of who pays for equipment and services. Since 1986, Congress and federal agencies have been drafting policies and laws that have significantly improved access to AT. One very good example is Public Law 102-569, the Rehabilitation Act Amendments of 1992. In order to appreciate the importance of this law, one should first understand how state programs such as Vocational Rehabilitation relate to the federal government.
Here’s a “quick & dirty” overview. The federal government pays money (called federal matching funds or simply the “federal match”) to states for their participation in federal programs such as Medical Assistance, Vocational Rehabilitation, and Special Education. The state agencies that administer these programs must submit a state plan to the feds in order to receive their matching funds. The state plan is a contract that describes the state’s version of the program; and that version must meet certain minimum requirements under federal law. Anytime there are changes (amendments) to these laws or the state needs to change the way it operates under existing laws, a new state plan must be developed and approved by the appropriate federal agency. With the passage of the 1992 Amendments, Delaware’s Division of Vocational Rehabilitation (DVR) is now in the process of revising its state plan and operating policies. Public Law 102-569 contains four (4) new state plan requirements related to assistive technology. It also contains provisions that greatly enhance access to Vocational Rehabilitation (VR) services.
The new state plan requirements under P.L. 102-569 call for a description of the VR agency’s technology-related services and the nature of personnel training in that area. There must also be a description of the role technology will play in determining a person’s eligibility for services. The State is now required to:
1) Describe how a broad range of rehabilitation technology services will be provided at each stage of the rehabilitation process. [Sec.101(a)(5)(C)(i)]
2) Describe how a broad range of such rehabilitation technology services will be provided on a statewide basis. [Sec. 101(a)(5)(C)(ii)]
3) Describe the training that will be provided to vocational rehabilitation counselors, client assistance personnel, and other related services personnel. [Sec. 101(a)(5)(C)(iii)]
4) Describe the manner in which devices and services will be provided, or worksite assessments will be made as part of the assessment for determining eligibility and/ or needs of an individual. [Sec. 101(a)(31)]
The law also calls for a completely new way of looking at people with disabilities and their eligibility status. It used to be that a person with one or more disabilities could only qualify for VR services if the person’s evaluation showed that s/he had “rehabilitation potential” and was “employable.”
By that measuring stick, people with severe disabilities were considered unemployable and, for that reason, not qualified to receive services. In contrast, the new law calls for a presumption of ability. DVR must presume that a person with a disability is able to work--regardless of the severity of disability-- unless the counselor can clearly demonstrate otherwise. The Rehabilitation Act Amendments of 1992 make it unlawful for the agency to automatically consider people with severe disabilities unemployable. The counselor must exhaust all options, including assistive technology interventions, before denying eligibility on the basis of a person’s inability to work.
Once a person is considered eligible for VR services and that person needs an assistive technology device in order meet work-related goals, the equipment and related services should be written into the client’s Individualized Written Rehabilitation Plan (IWRP). DVR should then provide or see that the person obtains the necessary equipment and services. Anyone who has difficulty receiving rehabilitation services should contact the Client Assistance Program (CAP). In New Castle County, the numbers are: (302) 764-2400 [Voice] or 764-8708 [TDD]. The Kent and Sussex County office in Milford can be reached at (302) 422-6744 [V/TDD]
In some instances it may be better - or simply more appropriate - for the VR client to obtain equipment through other programs. The VR counselor may recommend and help access any of several alternative funding sources. In the next issue of The AT Messenger, we will explore two such alternatives: the VR Independent Living program, and work incentive programs offered by the Social Security Administration--very powerful tools for gaining access to equipment and services. Be sure to keep an eye on future installments of “Funding Assistive Technology” for still other AT funding options for adults with disabilities - such as Medicare, Medicaid, private insurance, and workers’ compensation insurance.
