Kentucky Administrative Regulations › Title 920 - CABINET FOR HEALTH AND FAMILY SERVICES › Chapter 1 - Administration › Section 920 KAR 1:070 - Services for individuals who are deaf, hard of hearing, or speech impaired

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 2.110, 163.500, 163.506, 194A.005(1),
				194A.030(9) 194A.060, 278.548, 309.300-309.319, 344.500(1),  28 C.F.R. 35.104, 35.160, 29 U.S.C. 794, 42 U.S.C. 12131-12213, 45 C.F.R. 160, 162, 164
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires
				the Secretary of the Cabinet for Health and Family Services to promulgate,
				administer, and enforce those administrative regulations necessary to implement
				programs mandated by federal law or to qualify for the receipt of federal funds
				and necessary to cooperate with other state and federal agencies for proper
				administration of the cabinet and its programs. In accordance with federal
				mandates in  28 C.F.R. 35.160, 29 U.S.C. 794, and 42 U.S.C. 12131-12213, and KRS 12.290 and 344.500(1), the Cabinet for Health and Family Services has a
				responsibility to provide accessibility to program services delivered directly
				by the cabinet or indirectly through a contractual or other arrangement to an
				individual who is deaf or hard of hearing. This administrative regulation
				establishes cabinet procedures for the provision of interpreting services to a
				client who is deaf or hard of hearing.
Section
			 1. Definitions.
(1) "Assignment"
			 means interpreting for a client as approved by a cabinet program.
(2) "Cabinet" is defined by KRS 194A.005(1).
(3) "Cabinet program"
			 means a program of service, financial aid, or other benefit administered by the
			 cabinet and provided:
(a) Directly by the
			 cabinet; or
(b) Indirectly by the
			 cabinet through a contractual or other arrangement.
(4) "Client" means a person who:
(a) Applies in writing, electronically,
			 verbally, or through a designated representative for participation in a cabinet
			 program; or
(b) Receives a service,
			 financial aid, or other benefit from a cabinet program.
(5) "Companion" means a family member,
			 friend, or associate of an individual seeking access to a service, program, or
			 activity of the cabinet, who, along with that individual, is an appropriate
			 person with whom the cabinet communicates.
(6) "Deaf" and "hard of hearing" are defined
			 by KRS 163.500.
(7) "Emergency"
			 means a situation of an urgent nature in which a client determines that a delay
			 of the event for more than twenty-four (24) hours is likely to result in loss
			 of service, financial aid, or other benefit in a cabinet program.
(8) "Individual with a communication
			 disability" means a person who is deaf, hard of hearing, or speech
			 impaired.
(9) "Interpreter" is
			 defined by KRS 309.300(4).
(10)
			 "Interpreting" is defined by KRS 309.300(5).
(11) "Kentucky Board of Interpreters for the
			 Deaf and Hard of Hearing" means:
(a) "Board"
			 as defined by KRS 309.300(1); and
(b) The board established by KRS 309.302.
(12) "Kentucky
			 Commission on the Deaf and Hard of Hearing" or "KCDHH" means the commission
			 established by KRS 163.506.
(13)
			 "Office of Human Resource Management" or "OHRM" means the major organizational
			 unit of the cabinet established by KRS 194A.030(9).
(14) "Ongoing interpreting services" means
			 interpreting services required to meet the needs of a client in a cabinet
			 program in accordance with the client's plan of care, case plan, or program
			 eligibility.
(15) "Qualified
			 interpreter" means an interpreter who, via a video remote interpreting (VRI)
			 service or an on-site appearance, is:
(a) Able
			 to interpret effectively, accurately, and impartially, both receptively and
			 expressively, using any necessary specialized vocabulary; and
(b) A sign language interpreter, oral
			 transliterator, or cued-language transliterator.
(16) "Time-limited interpreting services"
			 means interpreting services that are provided to a client at a specific time
			 and location in order to access a cabinet program.