53-19-307. Provision of services. (1) In administering the program established in 53-19-306 for individuals, the committee shall:
     (a) develop an appropriate means test to determine eligibility for participation in the program based on family income of less than 250% of the federal poverty level but not more than 400% of the federal poverty level;
     (b) require that participants in the program be residents of Montana and that residency be maintained as a condition of eligibility for continued participation in the program;
     (c) require that participants provide satisfactory evidence that they have disabilities and would benefit from the use of specialized telecommunications equipment;
     (d) provide specialized telecommunications equipment to participants through loan, lease, cost sharing, or other methods that are determined appropriate by the committee;
     (e) determine the type of specialized telecommunications equipment that it considers necessary and economically feasible for use by Montana's persons with disabilities;
     (f) purchase or lease all specialized telecommunications equipment through bid by wholesale manufacturers on a competitive basis;
     (g) require, as a condition of each equipment purchase or lease, that the original manufacturer provide repair and maintenance service for new and returned equipment;
     (h) maintain records of each item of equipment, including the location, serial number, and telephone number of each device;
     (i) at the discretion of the committee, require an appropriate security deposit for equipment at the time of delivery that must be refunded without interest when the equipment is returned;
     (j) make reasonable efforts to recover equipment from those who become ineligible for continued participation in the program;
     (k) provide a telecommunications relay service system that would be available statewide for operation 7 days a week, 24 hours a day, including holidays; and
     (l) adopt rules necessary to administer the program.
     (2) In adopting rules to implement subsections (1)(a) and (1)(d), the committee may, based upon available funds, provide the specialized telecommunications equipment, without charge, to individuals whose family income is less than 250% of the federal poverty level. For individuals whose family income is more than 250% of the federal poverty level but less than 400% of the federal poverty level, the committee shall develop a sliding fee scale. The sliding fee scale must take into account the amount of funds available after providing the equipment to individuals whose family income is less than 250% of the federal poverty level. The fees must increase progressively based upon the increased percentage of family income.
     (3) If a fee is required under the program, the rules must provide that the fee must be received by the program and deposited in the account provided for in 53-19-310 prior to providing the equipment to the individual.

     History: En. Sec. 8, Ch. 669, L. 1989; amd. Sec. 7, Ch. 396, L. 1997; amd. Sec. 65, Ch. 472, L. 1997; amd. Sec. 3, Ch. 297, L. 2001.