TITLE 22. SOCIAL SERVICES

DEPARTMENT FOR THE DEAF AND HARD-OF-HEARING

Fast-Track Regulation

Title of Regulation: 22VAC20-20. Regulations Governing Eligibility Standards and Application Procedures for the Distribution of Assistive Technology Equipment (amending 22VAC20-20-10 through 22VAC20-20-90, 22VAC20-20-120; repealing 22VAC20-20-110).

Statutory Authority: § 51.5-112 of the Code of Virginia.

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: October 21, 2026.

Effective Date: November 5, 2026.

Agency Contact: Kathleen Frazier, Policy Planning Specialist II, Department for the Deaf and Hard-of-Hearing, 1602 Rolling Hills Drive, Suite 203, Henrico, VA 23229, telephone (804) 662-7025, or email kathleen.frazier@vddhh.virginia.gov.

Basis: Section 51.5-112 of the Code of Virginia authorizes the Department for the Deaf and Hard-of-Hearing (VDDHH) to (i) adopt such regulations as may be necessary to carry out the purpose and intent of Chapter 13 (§ 51.5-106 et seq.) of Title 51.5 of the Code of Virginia and other laws of the Commonwealth administered by the Director of VDDHH or the VDDHH; and (ii) operate a program of technology assistance and services to encourage independence of persons who are deaf, hard-of-hearing, or speech impaired, including the distribution of devices for the deaf and support of message relay services, through grants, contracts, and other means, including a sliding fee scale where appropriate.

Purpose: The purpose of the amendments is to reduce redundancies in information regarding Technology Assistance Program (TAP) processes and update language used to improve clarity for TAP applicants and recipients, as well as those who operate TAP, including VDDHH staff and contractors. The amendments are necessary for the welfare of the public as the changes reflect the current TAP processes, improving clarity, access, and transparency for individuals that may apply for the program and those who support them in the application process.

Rationale for Using Fast-Track Rulemaking Process: This change is expected to be noncontroversial as the amendments do not impact TAP operations.

Substance: The amendments (i) update language to reflect modern technology options and to account for future technological advancements that may become available to recipients; (ii) provide that applications for TAP are accessible online and in person and that applications will be processed within 30 days of receipt by VDDHH; (iii) clarify that recipients are no longer required to return damaged technology to the vendor for the vendor to certify that the technology is beyond repair; (iv) remove references to potential prosecution of recipients who engage in fraudulent activity to obtain technology; and (v) clarify that responsibility for maintaining the confidentiality of award information rests solely with VDDHH and its contractors, not with applicants, recipients, or any nongovernmental entities.

Issues: The primary advantage to those served by TAP, including recipients, applicants, and potential applicants, is the updated language to reflect modern technology options and accounting for future advancements in technology, which allows for recipients to obtain these technologies and maintain communication access. The language encompasses the analog-to-digital transition in technology. The remaining updates and reductions will clarify current TAP processes for recipients and those who have applied or are considering applying for services. The advantages of these changes for the agency are that updating the regulation to align with current terminology practices will reduce the time that agency representatives have to use to clarify misunderstandings that may be caused by discrepancies between the language of the regulation and the current terminology and practices, as well as clarifying that the program distributes updated technologies compared to those listed in the previous version of the regulation. There are no noted disadvantages to the public or Commonwealth with these changes.

Department of Planning and Budget Economic Impact Analysis:

The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia and Executive Order 19. The analysis presented represents DPB's best estimate of the potential economic impacts as of the date of this analysis.¹

Summary of the Proposed Amendments to Regulation. The Department for the Deaf and Hard-of-Hearing (VDDHH) proposes to amend the regulation governing the Technology Assistance Program (TAP) in compliance with Executive Order 19 (2022)² by consolidating requirements; eliminating redundancies, outdated practices, and sections that are null; and clarifying definitions.

Background. This regulation governs the operation of the TAP, which is operated by VDDHH. The regulation outlines ownership of technology, eligibility requirements, charges for technology, the application process, and other general information regarding the TAP.

Estimated Benefits and Costs. It appears that the proposed changes only clarify the regulation and reduce the length of the text. Further, VDDHH states that the proposed amendments would not impact TAP operating procedures. Thus, no economic impact is expected other than improving the clarity of the regulation.

Businesses and Other Entities Affected. In fiscal year 2025, the TAP program served 185 customers and distributed 282 devices valued at $35,435. No entity appears to be disproportionately affected. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.⁴ An adverse impact is indicated if there is any increase in net cost or reduction in net benefit for any entity, even if the benefits exceed the costs for all entities combined.⁵ The proposal appears to contain only changes in language aimed at reducing the text and clarifying meaning. Thus, no adverse impact is indicated.

Small Businesses⁵ Affected.⁶ The proposed amendments do not appear to adversely affect small businesses.

Localities⁷ Affected.⁸ No impact, including any impact on a particular locality, is expected.

Projected Impact on Employment. The proposed amendments do not appear to affect total employment.

Effects on the Use and Value of Private Property. No impact on the use and value of private property. No impact on real estate development costs is expected.

_____________________________

¹ Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property.

² https://rosetta.virginiamemory.com/delivery/DeliveryManagerServlet?dps_pid=IE4126278.

³ Pursuant to § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation.

⁴ Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation. As a result, DPB has adopted a definition of adverse impact that assesses changes in net costs and benefits for each affected Virginia entity that directly results from discretionary changes to the regulation.

⁵ Pursuant to § 2.2-4007.04, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

⁶ If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified.

⁷ "Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur.

⁸ Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency Response to Economic Impact Analysis: The Department for the Deaf and Hard-Of-Hearing concurs with the economic impact analysis prepared by the Department of Planning and Budget.

Summary:

The amendments (i) update language to reflect modern technology options and to account for future technological advancements that may become available to recipients; (ii) provide that applications for TAP are accessible online and in person and that applications will be processed within 30 days of receipt by the Department for the Deaf and Hard-of-Hearing (VDDHH); (iii) clarify that recipients are no longer required to return damaged technology to the vendor for the vendor to certify that the technology is beyond repair; (iv) remove references to potential prosecution of recipients who engage in fraudulent activity to obtain technology; and (v) clarify that responsibility for maintaining the confidentiality of award information rests solely with VDDHH and its contractors, not with applicants, recipients, or any nongovernmental entities.

Chapter 20

Regulations Governing Eligibility Standards and Application Procedures for the Distribution of Assistive Technology Equipment

22VAC20-20-10. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Alerting device" means a device that alerts individuals with a hearing loss of sounds around them.

"Amplification device" means a device that amplifies either incoming sounds for individuals who have a hearing loss or outgoing sounds for individuals who have a speech disability difficulties.

"Applicant" means a person who applies for assistive technology equipment.

"Application" means the TAP Application (VDDHH-TAP-1).

"Assistive technology equipment" means any device, equipment, or adaptive equipment for technology used to access telecommunications or alerting, communications, or information technology used by individuals who are deaf, hard of hearing, deafblind, or speech-disabled have speech difficulties.

"Audiologist" means any person who is licensed by the Department of Health Professions to engage in the practice of audiology.

"Completion date" means the date all supporting documentation for the application is received by the department.

"Coupon" means a voucher that may be used by the applicant towards the purchase of approved assistive technology equipment through the program.

"Deaf" means a hearing loss that requires use of a text telephone or Voice Carry Over Phone assistive technology to communicate effectively on the telephone.

"Deaf and hard of hearing regional specialist" means a person hired by or contracted with the department to provide outreach services and to assist the department in carrying out activities related to the Technology Assistance Program on either a regional or local level.

"Deafblind" means a dual loss of hearing and vision that requires use of a braille text telephone or a large visual display text telephone assistive technology to communicate effectively on the telephone.

"Department" means the Virginia Department for the Deaf and Hard-of-Hearing.

"Family" means the applicant, his the applicant's dependents, and any person legally required to support the applicant, including a spouse.

"Fiscal constraint" means when projected expenditures may exceed appropriated funds for equipment distribution within a budgeted period.

"Gross income" means the income, total cash receipts before taxes from all sources of the applicant, his the applicant's dependents, and any person legally required to support the applicant, including a spouse.

"Hard of hearing" means a hearing loss that requires use of either a text telephone or an amplification device assistive technology to communicate effectively on the telephone.

"Hearing aid specialist" means a person who has a license from the Department of Professional and Occupational Regulation to fit and sell hearing aids.

"Hearing-disabled/visually-disabled" means a dual loss of hearing and vision that requires use of large visual display text telephone or a braille text telephone to communicate effectively on the telephone.

"Minor" means a person less younger than 18 years of age whose parent or legal guardian is legally responsible for his the person's support.

"Pay coupon" means a voucher that may be used by the applicant toward the purchase of approved assistive technology through the program.

"Person with a hearing and vision loss" means a dual loss of hearing and vision that requires use of assistive technology to communicate effectively.

"Person with speech difficulty" means a loss of verbal communication ability that requires use of assistive technology to communicate effectively.

"Physician" means a person who has a medical degree and a license to practice medicine in any one of state within the United States.

"Program" or "TAP" means Technology Assistance Program for distributing assistive technology equipment to individuals who are deaf, hard of hearing, hearing-disabled/visually-disabled, or deafblind; individuals with a hearing and vision loss; or speech-disabled individuals with speech difficulties and who meet eligibility requirements through an application process.

"Public assistance" means and includes Temporary Assistance to Needy Families (TANF); Supplemental Security Income (SSI), Social Security Disability Insurance (SSDI); auxiliary grants to the aged, blind and disabled; medical assistance; food stamps; general relief; fuel assistance; and social services.

"Recipient" means a person who receives assistive technology equipment.

"Ring signal device" means a device that alerts an individual who is deaf, hard of hearing, hearing-disabled/visually-disabled or deafblind or an individual with a hearing and vision loss of an incoming call or sound.

"Speech-disabled" means a loss of verbal communication ability that prohibits normal usage of a standard telephone handset.

"Speech-language pathologist" means any person who is licensed by the Department of Health Professions to engage in the practice of speech-language pathology.

"Text telephone" (hereinafter called TTY) means a nonvoice terminal device used to transmit and receive messages telephonically. This includes, but is not limited to, telecommunications devices for the deaf (TDD/TTY) and computer software.

"VDDHH outreach specialist" means a person hired by or contracted with the department to provide outreach services and to assist the department in carrying out activities related to the Technology Assistance Program on either a regional or local level.

"Vendor" means a company that enters into a contract with the Commonwealth to provide assistive technology equipment as defined in this regulation chapter.

22VAC20-20-20. Ownership guidelines.

A. Any assistive technology equipment distributed through the program is the property of the individual recipient except for any device which, individually, has a cost to the program or the program recipient in excess of $5,000 at the date of acquisition.

B. The department shall retain ownership of any assistive technology equipment distributed through the program that costs $5,000 or more. Where ownership of assistive technology equipment is retained by the department, information regarding income and family size shall not be required.

22VAC20-20-30. Eligibility requirements.

Upon request for assistive technology equipment by an applicant, the department will require information as to the family size, financial status, and other related data as described on the application before determining what charges, if any, the applicant will be required to pay for assistive technology through the program. Applicants eligible to participate in the program shall meet the following requirements:

1. The applicant must be certified as deaf, hard of hearing, hearing-disabled/visually-disabled or deafblind; a person with a hearing and vision loss, deafblind,; or speech-disabled a person with speech difficulty by a licensed physician, audiologist, speech-language pathologist, hearing aid specialist, vocational rehabilitation counselor employed by the Department of for Aging and Rehabilitative Services or the Department for the Blind and Vision Impaired, a Virginia School for the Deaf and Blind representative, a VDDHH outreach deaf and hard of hearing regional specialist, or other appropriate agency or government representative.

2. The applicant shall provide one of the following, in the name of the applicant or the applicant's spouse or legal guardian, as proof of residency in the Commonwealth of Virginia:

a. Current lease or deed to domicile in Virginia;

b. A utility bill, dated within 12 six months of the submission, for a residence in Virginia; or

c. Any other form of proof approved by the department.

3. The applicant shall provide correct and verifiable information on the family's gross income. The department reserves the right to request verification of income from any program applicant before determining what charges, if any, the applicant will be required to pay for assistive technology equipment through the program.

4. 3. The applicant shall submit a completed and signed application.

22VAC20-20-40. Charges for equipment assistive technology.

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.

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

a. If family monthly gross income is:

(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) Less than or equal to 250% of the poverty guidelines updated periodically annually in the Federal Register by the U.S. Department of Health and Human Services under the authority of 42 USC § 9902(2).; or

b. If ownership of assistive technology equipment is retained by the department.

2. Any An 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 assistive technology.

3. If an applicant is paying monthly installments toward a debt(s) debt, 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:

a. The debt(s) debt is owed for nonpreventative medical or dental services; and

b. The debt(s) debt is owed by or for the applicant or individuals whom the applicant is legally responsible to support or is legally supported by.

22VAC20-20-50. Type of equipment assistive technology.

The equipment assistive technology that may be available through the program includes but is not limited to: TTY/TDDs, large visual display TTY/TDDs, braille TTY/TDDs, specialized devices and technology designed to support equal access to communication and information, amplification devices, ring signal devices, doorbell signallers signalers, visual smoke/fire detectors, baby sound monitors, smart phones, tablets, alerting devices, and visual or vibrating alarm clocks.

22VAC20-20-60. General.

The application may be obtained from the department in person or online or the department's outreach deaf and hard of hearing regional specialists or other sites around the state. Completed applications shall be forwarded to:

Virginia Department for the Deaf and Hard-of-Hearing ATTN: VDDHH-TAP 1602 Rolling Hills Drive, Suite 203 Richmond, Virginia 23229-5012 The VDDHH telephone number is 1-800-552-7917 (V/T) (V) or (804) 662-9502 (V/TTY) (V).

22VAC20-20-70. Processing applications.

A. The department shall approve all applications for which eligibility requirements defined in 22VAC20-20-30 are satisfied, except as provided in this section. Priority may be given to first-time applicants and to recipients who have not received equipment through the program during the preceding 48 months and are without fully functioning equipment as verified in writing by a VDDHH-approved agency representative or vendor during times of fiscal constraint, as determined by the director.

B. Application shall not be approved when:

1. The applicant who must contribute has already been issued a pay coupon that is still valid and has not been redeemed towards toward the purchase of assistive technology equipment under this program.

2. The applicant has received a device from TAP within the preceding four years except for conditions set in subsections D and E of this section.

C. Application for replacement equipment assistive technology shall not be approved when:

1. A device Assistive technology previously issued by the department has been subjected to abuse, misuse, or unauthorized repair by the recipient.

2. The recipient fails to provide a police report of a stolen device or refuses to cooperate with the police investigation or in the prosecution of the suspect, including the refusal to testify in court when requested to do so.

3. The recipient is found negligent in the police report, such as doors to the house or car left unlocked or unattended.

4. The recipient has lost the device.

5. The recipient has sold the device.

D. Replacement equipment assistive technology may be given within a four-year period if assistive technology equipment is damaged through natural disasters, such as lightning, electrical storms, or floods. The recipient must first send damaged equipment to the vendor. The vendor must certify to the department that the equipment, provided it is still under valid warranty, is unrepairable due to natural disaster. The recipient must provide proof that the damage was not covered by homeowners or rental insurance. The agency shall issue a replacement device piece of assistive technology to the recipient, upon reapplication, either free or at the full cost of the requested equipment technology, depending on eligibility criteria as outlined in 22VAC20-20-40.

E. Exchange of equipment assistive technology may be permitted where the original equipment technology can no longer be used by a recipient due to deteriorating vision or hearing or when a new device technology has become available through TAP and is deemed more appropriate to the recipient's disability than a device technology previously issued to the recipient. A recipient must submit a letter from a professional listed in 22VAC20-20-30 stating that the recipient would achieve a more appropriate benefit from the new device assistive technology on the basis of the individual's disability.

22VAC20-20-80. Notice of action on approved or denied applications.

The applicant shall be notified of a decision regarding an application within 30 calendar days of the completion date receipt of application.

22VAC20-20-90. Fraud.

If a recipient obtains assistive technology equipment under false pretenses or misrepresentation of facts on the TAP application, the department reserves the right to demand return of such equipment the technology. Such a recipient may be prosecuted to the fullest extent of the law.

22VAC20-20-110. Liability. (Repealed.)

Recipients shall be responsible for any repairs to or loss of a device issued in the program, except where the department retains ownership of the device.

22VAC20-20-120. Confidentiality.

All TAP applications and other client materials shall be kept confidential by department personnel and other persons authorized by the department to view such the materials. An The department shall keep confidential an applicant's award shall also be confidential and shall not be released without unless the applicant's applicant grants the department permission to make a disclosure.

FORMS (22VAC20-20)

Technology Assistance Program Application, VDDHH-TAP-1.

Technology Assistance Program Application, VDDHH-TAP-3 (eff. 6/2022)