N.Y. Comp. Codes R. & Regs. tit. 18 § 728.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 728.2 - Definitions

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.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 728.2