Assistive Technology Loan Program

PURPOSE: This rule establishes the standards and procedures for the provision of a statewide low-interest loan program providing financing to eligible persons for purchasing assistive technology devices and services and financing for equipment to be used by persons with disabilities to telework. This rule implements sections 191.850 through 191.867, RSMo 2000. (1) Program Title. The assistive technology loan program established in sections 191.850 through 191.867, RSMo 2000, shall hereinafter be referred to as “Show-Me Loans for Assistive Technology and Telework.” (2) Definitions. As used in this rule, except as otherwise required for the context, the following terms have the meanings ascribed: (A) Assistive technology device—is equipment or an item to help maintain, increase, or improve the independence, or functional capabilities of an individual with a disability. The program will facilitate loans to purchase a broad range of assistive technology; (B) Assistive technology service—is a service that directly assists an individual with a disability in the selection, acquisition, or use of an assistive technology device. Such term includes, but is not limited to: 1. The evaluation of the needs of an individual with a disability; 2. Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing of an assistive technology device; 3. Coordinating with other therapies, interventions, or services with assistive technology devices; 4. Training or technical assistance for an individual with a disability, or, where appropriate, the family of an individual with a disability; 5. Training or technical assistance to professionals, employers, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of an individual with a disability; (C) Individual with a disability—is an individual who meets the definition of an individual with a disability as defined in the Americans with Disabilities Act or an individual who is eligible for any of the state of Missouri disability related programs; (D) Council—is the Missouri Assistive Technology Advisory Council; (E) Program—is the Show-Me Loans for Assistive Technology and Telework Program; Advisory Council (F) Eligible applicant—is an individual seeking a loan to assist one (1) or more individuals with disabilities obtain an assistive technology device or service or obtain equipment for telework; (G) Adjusted gross income—is the amount claimed as adjusted gross income on an applicant’s most recent federal income tax return; (H) Program administrator—is staff of Missouri Assistive Technology or other entity so designated by the Missouri Assistive Technology Advisory Council; (I) Telework—is work as an employee or contractor or as a self-employed individual on a full-time or part-time basis from home or other remote site; (J) Telework equipment—is equipment that will be used by an individual with a disability to work from home or from other remote site; (K) Revolving loan—is a loan made directly from and repaid directly into the Assistive Technology Loan Revolving Fund; (L) Commercial loan—is a loan from a commercial lending institution that is supported by a fee, loan guarantee, interest buydown or other financial support through the Show-Me Loans program. (3) Applicant Eligibility. (A) Eligible applicants shall: 1. Be residents of Missouri; 2. Be seeking a loan that will assist an individual with a disability obtain an assistive technology device or service or obtain equipment for telework; 3. Meet program standards established by the council. (B) The program administrator may determine an applicant is ineligible for the program when the applicant has defaulted on a previous loan made through the program or violates any provisions of the program, or ceases to meet the requirements of these rules or of any standards or policies established by the council. (4) Equipment Eligible for Assistive Technology Loan Funds. (A) Allowable devices shall include, but not be limited to: 1. Wheelchairs, motorized scooters and other mobility aids; 2. Braille equipment; 3. Scanners; 4. Hearing aids and other assistive listening systems; 5. Augmentative communication systems; 6. Environmental control units; 7. Computers and adaptive computer peripherals; 8. Building modifications for accessibility limited to the cost of the modifications; 9. Motor vehicle modifications for accessibility. (B) Loans are not permitted toward the purchase of a home. (5) Equipment Eligible for Telework Loan Funds. (A) Allowable equipment shall include, but not be limited to: 1. Computers and computer hardware and software; 2. Adaptive computer hardware or software; 3. Office equipment; 4. Adaptive equipment or devices needed to telework; 5. Access modifications to a home or remote site to be used in telework. (B) Loans are not permitted toward the purchase of a building or for the purchase of services, including, but not limited to, monthly Internet service charges. (6) Loan Standards. (A) Interest Rates. As a Special Purpose Credit Program under Section 8 of Regulation B of the Equal Credit Opportunity Act, the loan program may base interest rates on economic need rather than credit risk factors. The council shall establish an interest rate formula for borrowers based on individual payment abilities. Loans may be made with no interest. (B) Principal Buy-Down. The council may establish criteria for a principal buy-down of not more than twenty percent (20%) of the loan principal for borrowers with financial circumstances who would otherwise be unable to afford a loan. (C) Repayment Periods. The council shall establish repayment periods for borrowers based on the ability to pay. Loan repayment periods for revolving loans shall not exceed ten (10) years. (D) Loan Amount. The council shall have the authority to review and adjust the maximum loan amount. (E) Other. The council shall establish standards at the beginning of each year for matters necessary to implement the program. These standards shall include, but not be limited to, requirements for security or collateral for loans, and limits on the numbers and amounts of loans to assure the continued solvency of the loan program fund. (7) Application Procedures. Individuals shall apply for the program, on forms approved by the program administrator, that include: (A) Applicant name, home and mailing address, home and work phone, and Social Security number; (B) If the applicant does not have a disability, a description of the applicant’s relationship to the individual with a disability, the name of the person with a disability, if different from applicant; and the type of disability; (C) Whether the applicant is applying as an individual or with a co-applicant; (D) For an assistive technology loan, identification of the assistive technology that the applicant plans to purchase; a description of how the assistive technology will improve the life of the person with a disability; the cost of the assistive technology; amount of loan requested; and the name, address and phone number of the vendor, contractor, or individual from whom the assistive technology will be purchased; (E) For a telework loan, identification of the telework equipment that the applicant plans to purchase; the cost of the telework equipment; amount of loan requested; and the name, address and phone number of the vendors, contractors, or individuals from whom the telework equipment will be purchased; and other pertinent information in a format to be determined by the program administrator; (F) Certification by the applicant that they authorize the program administrator to check the applicant’s credit, make all inquiries necessary to verify the accuracy of the information provided, and share all financial, credit, and other pertinent information with required entities for the sole purposes of loan approval and loan maintenance; (G) Whether the applicant rents or owns housing; name of landlord or mortgagor; monthly rent or mortgage payment; years and months living at current address and at previous address; name, address, and phone number of current employer; amount of gross monthly income from employment; source and monthly amount of income other than employment; name, address, and phone number of previous employer; years and months at current employer and previous employer; position or occupation at current employer and at previous employer; whether the applicant has a checking or a savings account; the bank name that holds the checking or savings account; and the names, addresses, phone numbers, and relationship to the applicant of the two (2) closest living relatives not living at applicant’s address. If there is a co-applicant, all information in section (6) is also required for the co-applicant including a spouse if the spouse is contractually liable for repayment or if the applicant is relying on the income of spouse for approval of credit; (H) Information about the applicant’s current financial obligations including, but not limited to: financial institutions, department stores, credit cards, leases, unpaid taxes, alimony and child support. The applicant shall include information including the responsibility of the applicant and any coapplicant, the name of creditors, current outstanding balances, monthly or other term payments; (I) Information required by federal or state statute; (J) A statement to be signed by the applicant verifying the truthfulness and accuracy of all information submitted; (K) In addition to information required on the application, applicants shall supply any additional information and supporting documentation which the program administrator deems reasonably necessary to determine the applicant’s eligibility to receive a loan through the program. (8) Application Review Procedures. (A) Initial Application Review. Upon receipt of an application, the program administrator will perform an initial review to verify that the applicant is seeking a loan for assistive technology or telework for an individual with a disability. The program administrator will perform an initial review of the applicant’s creditworthiness, ability to repay the loan, and ability to meet the eligibility criteria established by the council. (B) Loan Application Review. Following initial application review, the application will be submitted by the program administrator for approval or denial by the loan application review committee. 1. The loan application review committee shall consist of no fewer than five (5) members and no more than eleven (11) members. At least one (1) member shall be a Missouri Assistive Technology Advisory Council member. A majority of members shall be individuals with disabilities or individuals who have a family member with disability. The council shall appoint loan application review committee members for three (3)-year terms. 2. The loan application review committee shall approve or deny loan applications for revolving loans based on the eligibility criteria and financial standards established by the council. 3. The loan application review committee shall approve or deny applications for commercial loans based on the eligibility criteria and financial standards established by the council, and shall forward the application to the commercial lending institution for review and final approval or denial. (C) Approved Loan Processing. 1. For revolving loans, the program administrator shall prepare a resolution on behalf of the council that will serve as an invoice for payment purposes upon approval of a loan application. 2. For commercial loans approved by the commercial financial institution, the program administrator shall prepare a resolution and process the corresponding payment to support the loan. (D) Denied Loan Processing. The program administrator shall notify the applicant in writing following the denial of a loan application. The notification shall include information about how to appeal the denial decision. (9) Appeals Process. (A) Applicants may appeal any disapproval of a revolving loan application by filing a written appeal with the Missouri Assistive Technology Advisory Council. No specific form shall be required. The council may hear appeals during any regularly scheduled council meeting or may call a special meeting of the council for such purpose. The council’s decision regarding approval or denial of a loan shall be final. (B) Applicants may appeal any disapproval of a commercial loan using the commercial lending institution’s appeal procedures. (10) Fraud. If an applicant supplies false information or obtains a loan through misrepresentation of facts on the application, the program administrator may demand return of the item(s) for which the loan was provided and may declare such applicants ineligible for future loans. AUTHORITY: section 191.865, RSMo 2000.* This rule originally filed as 8 CSR 70-1.020. Original rule filed July 10, 2001, effective Jan. 30, 2002. Amended: Filed Feb. 4, 2004, effective Aug. 30, 2004. Moved to 1 CSR 701.020 and amended: Filed May 23, 2005, effective Dec. 30, 2005. Moved to 5 CSR 1101.020 and amended: Filed Dec. 5, 2007, effective July 30, 2008. *Original authority: 191.865, RSMo 2000. Advisory Council