Haw. Code R. § 17-401.1-28

Current through November, 2024
Section 17-401.1-28 - Rehabilitation technology services
(a) Rehabilitation technology means the systematic application of technologies, engineering methodologies, or scientific principles to meet the needs of, and address the barriers confronted by individuals with disabilities in areas that include education, rehabilitation, employment, transportation, independent living, and recreation. The term includes the following:
(1) Rehabilitation engineering as defined in section 17-401.1-2;
(2) Vehicular modification;
(3) Telecommunications systems: any transmission, emission, or reception of signs, signals, written images and sounds of intelligence of any nature by wire, radio, visual, or other electromagnetic systems including any intervening processing and storage;
(4) Sensory and other technological aids and devices: an electronic or mechanical piece of equipment or hardware intended to improve or substitute for one or more of an individual's senses or for impaired mobility or motor coordination. Ordinarily such devices are used with individuals who have partial sight, are hearing impaired, or have limited mobility or motor coordination;
(5) Assistive technology devices: any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve functional capabilities of individuals with disabilities;
(6) Assistive technology services: any services that directly assist an individual with a disability in the selection, acquisition, or use of an assistive technology device, including:
(A) Evaluating the needs of an individual with a disability, including a functional evaluation of the individual in the individual's customary environment;
(B) Purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by individuals with disabilities;
(C) Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing of assistive technology devices;
(D) Coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs;
(E) Training or technical assistance for an individual with disabilities or, where appropriate, the family of an individual with disabilities; and
(F) Training or technical assistance for professionals (including individuals providing education and rehabilitation services), employers, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of individuals with disabilities.
(b) Rehabilitation technology services may be provided in accordance with the following:
(1) Where appropriate for determining eligibility and VR needs, by personnel skilled in rehabilitation technology, to assess and develop the capacities of an individual with a disability to perform in a work environment.
(2) If appropriate, each IPE shall include a statement of the specific rehabilitation technology services to be provided to assist in the achievement of the specific employment outcome of the eligible individual.
(c) The division shall provide each applicant or eligible individual or, as appropriate, the individual's representative, through appropriate modes of communication, information concerning the availability and costs of rehabilitation technology services, qualifications of service providers, and consumer satisfaction with those services to the extent that such information is available, to assist the individual in making an informed choice in accordance with section 17-401.1-12. Referrals may be made to other consumers or consumer groups, disability advisory councils or other resources qualified to discuss the services or service providers.
(d) Aids, devices, and systems that may be considered include, but are not limited to the following:
(1) Devices for individuals who are blind or visually impaired such as:
(A) Optacon;
(B) Closed circuit TV systems to be used as low vision aids;
(C) Braille embossing equipment, particularly end-line terminals which interface for the purpose of providing braille printout;
(D) Braille attachments of magnetic-card/selectric typewriters;
(E) Telebraille or other similar mechanism for the employment of individuals who are deaf-blind for communication with business associates;
(F) Any subnormal vision lenses or travel aids to assist an individual with a disability in performing more effectively on the job;
(G) Braille writer, or tape recorder which may be necessary in the case of college students;
(H) Equipment for compressing speech for the use of college students or employed persons who are blind to enable them to absorb essential material at a greatly increased rate of speed using an auditory method of reading;
(I) Stereotoner;
(J) Radio reading services (closed circuit radio receivers for both direct and indirect rehabilitation services activities); and
(K) White cane (of sufficient length to ascertain by touch what is in front of the individual who is blind).
(2) Devices for individuals who are deaf, hearing impaired, and speech impaired:
(A) Hearing aids and other assistive listening devices;
(B) Telephone communication devices such as specially-equipped teletypewriters, C-Phone, Porta-Printer, and Porta-Tel in cases where use of telephone broadens possibilities in the individual's vocational rehabilitation, including training and employment;
(C) Captioned or manually interpreted films and TV programs to be used as training aids;
(D) Fixed or portable warning and attention-getting equipment such as flashing lights, vibrators, and buzzers; and
(E) Devices that enable laryngectomees and other voice-deficient individuals to produce speech or to communicate mechanically.
(3) Devices for other individuals or groups who are significantly impaired with communicative impairments, either physical or environmental, which interface with existing communications systems. These devices are many and varied and may be used in their original state or be specially-designed. Package software for use with these and other devices such as videotapes, audiotapes, and videocassettes shall also be considered as part of the rehabilitation services to individuals.
(A) TV monitor;
(B) Terminal units;
(C) Videotape recorder (VTR);
(D) Dial-access devices;
(E) Mini-computer terminals;
(F) Picture-phone;
(G) Oversize TV screens for group viewing or for the visually impaired; and
(H) Speech synthesizers.
(4) Services to groups of individuals such as:
(A) The purchase and installation of a closed circuit TV system in a rehabilitation facility, including necessary software, to evaluate and test groups of individuals;
(B) Tele-counseling; and
(C) Radio-reading services for disseminating rehabilitation-related information with direct or indirect impact on the rehabilitation of individuals with reading impairments.
(5) Other devices for individuals with limited mobility or motor coordination, such as:
(A) Switches;
(B) Environmental controls;
(C) Manual and powered wheelchairs;
(D) Gripping aids;
(E) Driving controls;
(F) Voice recognition software; and
(G) Reacher.
(e) Rehabilitation technology services are exempt from the use of comparable services and benefits provisions of section 17-401.1-13, but are subject to the use of personal resources (financial needs test) provisions of section 17-401.1-14.

Haw. Code R. § 17-401.1-28

[Eff AUG 13 2007] (Auth: HRS §§ 347-4, 348-3, 348-6; 29 U.S.C. §§709, 723; 34 C.F.R. §361.50 ) (Imp: HRS §§ 347-4, 348-3, 348-6; 29 U.S.C. §§709, 723; 34 C.F.R. §361.50 )