New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter J - COMMISSION FOR THE BLIND AND VISUALLY HANDICAPPED › Part 728 - The Equipment Loan Fund For The Disabled › Section 728.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
The following terms when used in this Part must
			 mean:
(a) Application. A Department of
		    Social Services' "Application Form for the Equipment Loan Fund for the
		    Disabled."
(b) Applicant. A
		    resident of the State of New York who submits a completed application form to
		    the State Commissioner of Social Services.
(c) Commissioner. The State Commissioner of
		    Social Services.
(d) Department.
		    The State Department of Social Services.
(e) Disability. A physical, mental or medical
		    impairment resulting from anatomical, physiological or neurological conditions
		    which prevents the exercise of normal bodily function and which may be
		    demonstrated by medically accepted clinical or laboratory diagnostic
		    techniques.
(f) Disabled person. A
		    person certified as disabled by a licensed physician.
(g) Eligible person. An applicant who is
		    disabled and who meets the need criteria defined in this subdivision.
(h) Essential equipment. The equipment which
		    assists the applicant in overcoming barriers in daily living or vocational
		    functioning, following rehabilitation, including but not limited to prostheses,
		    ramps, wheelchairs, wheelchair van lifts, telecommunication devices for the
		    deaf and hearing impaired, devices which allow persons who are blind or
		    visually impaired to discern printed material and adaptive equipment to permit
		    a disabled person to operate a motor vehicle but not to purchase or replace a
		    motor vehicle.
(i) Licensed
		    physician. A physician who is licensed by the New York State Education
		    Department to practice in New York State.
(j) Loan. A loan under the Equipment Loan
		    Fund for the Disabled.
(k) Loan
		    administrator. The person designated by the commissioner to have overall
		    responsibility for the administration of the Equipment Loan Fund.
(l) Loan committee. The committee of persons
		    appointed by the commissioner for the purpose of reviewing and approving or
		    disapproving applications for a loan from the Equipment Loan Fund. The
		    committee must be composed of five members with at least one member each
		    representing the New York State Office of the Advocate for the Disabled, the
		    Department of Social Services, the Commission for the Blind and Visually
		    Handicapped and the New York State Office of Vocational
		    Rehabilitation.
(m) Need criteria.
		    The criteria to be considered in determining need must be the following: the
		    disability of the applicant, the barriers which the disability presents to the
		    applicant, and the manner in which the proposed equipment to be purchased will
		    assist the applicant in overcoming those barriers.
(n) Promissory note. The legally binding
		    document by which the applicant promises to repay the loan and to comply with
		    the other terms and conditions of the loan.