Chapter 5, Overview of the Specialized Telecommunications Assistance Program STAP

5.1 Introduction

Effective Sept. 2015

The Specialized Telecommunications Assistance Program (STAP) was created under authority of the Utilities Code, Chapter 56, Subchapter E. This chapter outlines the general program operations that provide assistance to people with disabilities in Texas.

STAP provides vouchers to assist with buying specialized telecommunications equipment or services for people with disabilities that impair their ability to access the telephone network.

For more specific program rules please see the Texas Administrative Code (TAC), Title 40, Chapter 109, Subchapter C.

5.2 Definitions

Effective Sept. 2015

Application – The forms DHHS uses to gather and document information about a person applying for help under this program, see How to Apply for a Voucher, for an application.

Approved equipment or service – The equipment or service approved by HHSC DHHS for reimbursement under this program.

Basic specialized telecommunications equipment – A basic device or devices that work together as one device, determined by HHSC DHHS to be necessary to provide effective access to the telephone network for a person whose disability impairs his or her ability to access the telephone network.

Basic specialized telecommunications service – A service or services that work together as one service, determined by HHSC DHHS to be necessary to provide effective access to the telephone network for a person whose disability impairs his or her ability to access the telephone network, but which may be less expensive than basic specialized telecommunications equipment that meets the same need.

DHHS – The Office for Deaf and Hard of Hearing Services.

Entity – Any individual owner, partner, company, or other business organization.

Financial assistance – A monetary value established by a voucher for a specialized equipment or service; the value might not cover the full price of the equipment or service.

Financial independence – A situation in which two or more otherwise eligible persons reside in the same household but are not dependent upon one another for financial support.

Functionally equivalent network access – Access to the telephone network that provides a person with a disability with communications access comparable to that of a person without a disability.

HHSC – Texas Health and Human Services Commission.

Legal guardian – A person appointed by a court of competent jurisdiction to exercise the legal powers of another person such as a minor, elderly person, or person who is incapacitated.

Program – Specialized Telecommunications Assistance Program (STAP) that assists people with disabilities to access telephone and communications networks through specialized telecommunications equipment and services.

PUC – Public Utility Commission of Texas.

Reimbursement amount – The amount, set by HHSC DHHS, that HHSC DHHS will reimburse to STAP vendors for an exchanged voucher.

Resident – A person who resides in the state of Texas and intends to remain in Texas.

Specialized Telecommunications Assistance Program (STAP) – Specialized Telecommunications Assistance Program that assists people with disabilities to access telephone and communications networks through specialized telecommunications equipment and services.

STAP Administrative Support Contractor – The entity that HHSC DHHS and/or PUC has contracted with to administer STAP vendor registration and voucher redemptions, including payments, on behalf of HHSC DHHS.

STAP Vendor – An entity that sells basic specialized telecommunication equipment or services, as defined under STAP, and is registered with the STAP Administrative Support contractor and approved by HHSC DHHS. Includes individual owners, partners, companies, or other entities with an ownership interest in the STAP vendor.

TUSF – The Texas Universal Service Fund.

Voucher – A financial assistance document issued by HHSC DHHS to eligible applicants that is used to purchase a specific type of basic specialized telecommunications equipment or service from a STAP vendor.

Voucher category – A specific class of equipment or services that provides the same or similar type of telephone network access.

Voucher category value – For a specific voucher category, HHSC DHHS will determine a reasonable price, which is the maximum reimbursement amount for any basic specialized telecommunications equipment or service within that voucher category.

5.3 Eligibility for Specialized Telecommunications Assistance Program Services

5.3.1 Requirements for Eligibility

Effective Sept. 2015

To be eligible for assistance from the Specialized Telecommunications Assistance Program (STAP), a person must:

  • be a resident of Texas;
  • be certified, by an HHSC Office for Deaf and Hard of Hearing Services (DHHS)-authorized person, as having a disability that interferes with the ability to effectively access the telephone network, per 5.3.2 Persons Authorized to Certify Disability;
  • be in a situation where no other person with a disability in the household has received a voucher for the same type of equipment, unless:
    • the people in the household are financially independent of each other;
  • not have received a voucher from HHSC DHHS for any specialized telecommunications equipment or services before the fifth anniversary of the date the person exchanged the previously issued voucher under this program unless:
    • before that anniversary, the person demonstrates need for a different type of specialized telecommunications equipment or service because of a change in the person’s disability status as described in 5.3.3 Change of Disability; and
  • be able to benefit from the specialized telecommunications equipment or service provided by the voucher.

If a voucher recipient has not exchanged or has returned an issued voucher within the last five years and in compliance with program rules, the person is eligible for another voucher if all other eligibility requirements are met.

A voucher recipient who returns specialized telecommunications equipment or stops a service received through a voucher and does so in compliance with program rules, the person may be eligible for another voucher if the situation meets criteria established in 5.6.2 STAP Vendor Duties and Responsibilities.

5.3.2 Persons Authorized to Certify Disability

Effective Sept. 2015

Before HHSC DHHS can process and approve an application and issue a voucher under the Specialized Telecommunications Assistance Program (STAP), the applicant must obtain certification as a person with a disability that impairs the ability to effectively access the telephone network. The applicant, defined as a person who has applied for eligibility under STAP, may obtain certification from authorized certifiers.

Authorized certifiers include the following licensed and/or certified professionals:

  • Hearing aid specialist;
  • Audiologist;
  • Physician;
  • Speech pathologist;
  • Social worker; or
  • State-certified education teacher:
    • deaf or hard of hearing;
    • visually impaired; or
    • speech impaired.

Authorized certifiers also include the following HHSC and/or HHSC DHHS approved professionals:

  • HHSC rehabilitation counselor;
  • HHSC-DHHS-approved state or federal employee or contractor;
  • STAP specialist as named in a DHHS STAP Outreach and Training contract;
  • HHSC DHHS-approved specialist working in a disability related field; and
  • Any professional approved by HHSC DHHS.

By certifying an application, a certifier attests that he or she:

  • is eligible to certify under the provisions of the program;
  • has personally met with the applicant and assessed the applicant's disability to determine that the applicant is eligible, in accordance with the program eligibility criteria;
  • has reviewed the information on the application to ensure that the form is completed properly and all requested information has been provided; and
  • has determined that the applicant will be able to benefit from access to the telephone network system provided by the specialized telecommunications equipment or services requested on the application.

An authorized certifier may be contacted to provide additional documentation as needed to confirm or supplement information provided on an application including:

  • physician's statements;
  • medical records;
  • auditory- or vision-care professional's records;
  • a copy of a certificate or license; and
  • updated certifier contact information.

A authorized certifier will not be allowed to certify under the program if found to have:

  • provided false or intentionally misleading information on or involving a STAP application;
  • encouraged an applicant to select specialized telecommunications equipment or services that are not needed for telephone access by the applicant;
  • provided certification for an applicant with whom the certifier has not met in person to assess the applicant's disability;
  • encouraged an applicant to exchange the voucher with a specific STAP vendor, unless only one STAP vendor carries the specialized telecommunications equipment or service required by the applicant;
  • refused to provide additional documentation to confirm or supplement information provided on an application; or
  • violated or is suspected of violating any HHSC DHHS rules, policies, or laws relating to the STAP program.

5.3.3 Change of Disability

Effective Sept. 2015

An applicant applying for new or additional specialized telecommunications equipment or services because of a change of disability must have the authorized certifier explain why the previous specialized equipment or service is no longer sufficient to provide access to the telephone network. If Form 3906, Application for Specialized Telecommunications Assistance Program (STAP), is being submitted, an authorized certifier must complete the change of disability section. If Form 3907, Application for Specialized Telecommunications Assistance Program (STAP): Speech Generating Devices, is being submitted, a licensed speech-language pathologist must also complete and sign Form 3926, Change of Disability.

An applicant who received a voucher less than 5 five years ago and who is applying for another voucher because of a change of disability is not eligible for another piece of device specialized telecommunications equipment or service that functions similarly to the device specialized telecommunications equipment or service that was previously received. For example, an applicant who was issued an amplified telephone voucher less than 5 five years ago who is applying for a Bluetooth cell phone voucher is not eligible for another voucher under change of disability. A Bluetooth cell phone and an amplified phone function similarly, in that both devices rely on residual hearing. The applicant would be eligible to receive a voucher for a text-based device that does not require residual hearing.

An applicant requesting multiple devices specialized telecommunications equipment types or services because of a change of disability may receive a voucher only for devices specialized telecommunications equipment or services not previously issued on any voucher exchanged within the last 5 five years, unless the previously issued devices specialized telecommunications equipment types or services are not compatible with the equipment and/or service currently being requested.

5.3.4 Consumer Confidentiality

Effective Sept. 2015

All information HHSC DHHS receives throughout the STAP application process, including names and addresses of applicants, is confidential under Texas Administrative Code, Title 40, Part 2, Chapter 101, Subchapter D, (§101.811 of Title 40). HHSC DHHS is required to protect confidentiality by:

not advertising, distributing, or publishing the name, address, or other related information about a STAP applicant;
enforcing the fact that STAP applicant information is exempted from disclosure under the Public Information Act; and
ensuring that all STAP applicant information remains the sole property of HHSC DHHS.

5.4 Determination of Approved Equipment or Services

Effective Sept. 2015

HHSC DHHS determines and approves the makes and models of specialized telecommunications equipment and services that are eligible for reimbursement to STAP vendors through vouchers. While the approved makes and models are final, HHSC DHHS reviews them annually and makes any necessary changes.

5.5 Vouchers

Effective Sept. 2015

A voucher recipient is issued an individually numbered voucher to be used to buy a specific type of specialized telecommunications equipment or service. The voucher must specify the:

  • dollar value,
  • specialized telecommunications equipment or service that may be purchased, and
  • expiration date of the voucher.

Vouchers are nontransferable and have no cash value.

A voucher guarantees payment to a STAP vendor, up to the amount specified on the voucher, if all applicable rules, policies, procedures, and laws are satisfied.

5.6 Vendors

Effective Sept. 2015

Specialized Telecommunications Assistance Program (STAP) vendors must be approved according to STAP eligibility requirements. Once approved, the STAP vendor must comply with all general program rules as well as record retention and audit requirements, or the vendor may lose STAP eligibility and require reinstatement to continue acting as a vendor.

5.7 Voucher Reimbursement

Effective Sept. 2015

The HHSC Office for Deaf and Hard of Hearing Services (DHHS) determines a reasonable reimbursement amount for approved makes and models of specialized telecommunications equipment and services. Reimbursement amounts are paid to Specialized Telecommunications Assistance Program (STAP) vendors for issued vouchers that are exchanged.

HHSC DHHS reviews reimbursement amounts at least annually. Reimbursement amounts are determined by best value and are based on factors such as reasonable and customary industry standards for approved specialized telecommunications equipment and services.

Proposed reimbursement amounts for approved specialized telecommunications equipment or services are posted to the HHSC DHHS STAP webpage for comments 45 calendar days before final determinations are made. Comments received are considered in determining reimbursement amounts.

The STAP vendor reimbursement amounts determined by HHSC DHHS are final.

5.5.1 Voucher Categories and Values

(Revised 09/15)

Specialized telecommunications equipment or services are grouped into specific voucher categories according to similarity.

HHSC DHHS sets a reasonable price, called the voucher category value, for each voucher category based on factors such as the types of specialized telecommunications equipment or services included. Voucher category values are used as the values for issued vouchers.

HHSC DHHS sets a reasonable price, called the voucher category value, for each voucher category based on factors such as the types of specialized telecommunications equipment or services included. Voucher category values are used as the values for issued vouchers.

The voucher category value as determined by HHSC DHHS might not cover the entire cost of the specialized telecommunications equipment or service. An eligible applicant is responsible for paying the difference between the issued voucher’s value and the price of the specialized telecommunications equipment or service.

HHSC DHHS reviews voucher category values at least annually and reviews eligibility criteria for voucher categories at least biennially.

Proposed voucher category values and eligibility criteria for voucher categories are posted to the HHSC DHHS STAP webpage for comments 45 calendar days before final determinations are made. Comments obtained from the advance posting are considered in determining voucher category values and eligibility criteria for a voucher category.

Determinations of HHSC DHHS voucher category values and eligibility criteria for voucher categories are final.

5.6.1 Vendor Eligibility Requirements

(Added 09/15)

An entity may be considered and approved as a Specialized Telecommunications Assistance Program (STAP) vendor and receive reimbursements for vouchers appropriately exchanged, if the entity:

  • completes a registration process;
  • re-registers annually;
  • submits annual registration for each vendor location, such that all vendor locations and any new vendor locations are registered and approved by the STAP Administrative Support contractor and have been assigned vendor registration numbers;
  • maintains the following current contact information:
    • Owner(s), principal partner(s), officer(s), and/or company name(s);
    • Telephone number;
    • Email, physical, and mailing addresses;
    • Federal Employer Identification Number (FEIN) or Texas Identification Number (TIN);
    • Bank information for STAP vendor reimbursement payments by direct deposit;
  • notifies HHSC DHHS in writing at least 60 calendar days before the intended effective date of any change in legal entity status, such as ownership or control, name change, legal status with the Texas Secretary of State, Texas Comptroller of Public Accounts' Texas Identification Number, bank routing information, or any contact information; and
  • exchanges or receives reimbursement for at least one voucher every six months.

An entity may not be considered or approved as an eligible STAP vendor if the entity:

  • has been debarred, suspended, proposed for debarment, declared ineligible, or excluded from participation in STAP by HHSC DHHS or any federal or state of Texas agency; and/or
  • owes any delinquent debts or outstanding obligations to the Texas Universal Service Fund or state of Texas agency.

5.6.2.1 General

(Added 09/15)

Specialized Telecommunications Assistance Program (STAP) vendors must comply with all applicable rules, policies, procedures, and laws governing the program in order to remain eligible to participate in and receive reimbursement under the program (see: Texas Administrative Code, Title 40, Chapter 109, Subchapter C).
STAP vendors’ general duties and responsibilities include the following:

  • Allow specialized telecommunications equipment to be returned or stop a service if requested by a voucher recipient, without penalty and in accordance with procedures and rules which state that the vendor must:
    • provide a voucher recipient with a receipt;
    • contact the HHSC Office for Deaf and Hard of Hearing Services (DHHS) when specialized telecommunications equipment is returned, or when a service is not used or terminated by the voucher recipient; and
    • reimburse the Texas Universal Service Fund (TUSF) within 30 calendar days of specialized telecommunications equipment being returned or service terminated by the voucher recipient.
  • Provide specialized telecommunications equipment or services no later than 10 calendar days from the date of the voucher exchange, or communicate equipment or service delivery date to the voucher recipient.
  • Provide voucher recipients information or instructions, or a demonstration, on how to use and set up the specialized telecommunications equipment or services before completing the sale and submitting the voucher for reimbursement, as appropriate.
  • Ensure that when working with or acting as authorized certifiers, the appropriate specialized telecommunications equipment or service is selected for the applicant.
  • Charge a voucher recipient no additional fees, costs, or penalties, in excess of the STAP vendor price, except a reasonable shipping cost for mail orders.
  • Provide the voucher recipient all specialized telecommunications equipment or services authorized on the voucher.
  • Ensure individuals authorized to sign a voucher on behalf of the STAP vendor receive program training provided by HHSC DHHS before signing or exchanging a voucher.
  • Ensure no STAP-related promotional materials or applications include the STAP vendor’s company information.

5.6.2.2 Records Retention and Audit

(Added 09/15)

Specialized Telecommunications Assistance Program (STAP) vendors must retain records related to the program. Records must be retained for a minimum of five years from the date of the voucher exchange, and include records on the purchase of the specialized telecommunications equipment or service exchanged, and the distribution or delivery of specialized telecommunications equipment or service to the voucher recipient.

STAP vendors must:

  • allow the HHSC Office for Deaf and Hard of Hearing Services (DHHS) to conduct an audit, investigation, and/or program oversight of their business;
  • authorize HHSC DHHS, the State Auditor’s Office, the Public Utility Commission of Texas (PUC), or their successor agencies to conduct an audit or investigation of the STAP vendor in connection with funds received for reimbursement of a voucher during the five-year retention period;
  • provide any books, documents, papers, and records that are directly related to the exchange of a voucher for the purpose of conducting audits, examinations, or investigations or for making excerpts and transcriptions;
  • cooperate fully in an audit, examination, investigation, and funds validation efforts, or in the making of excerpts and transcriptions;
  • provide documentation from third parties reflecting equipment or services purchased, the purchase price, and records showing sales to non-STAP consumers;
  • permit HHSC DHHS to conduct monitoring on-site to review financial documents, other records, and management control systems relevant to the exchange of a voucher;
  • remedy within 30 calendar days any weaknesses, deficiencies, or program noncompliance found as a result of a review, audit, investigation, performance or fiscal exception found by HHSC DHHS, the State Auditor's Office, the PUC, or their successor agencies or any of their duly authorized representatives; and
  • refund disallowed costs or billed amounts, and pay any other appropriate sanctions or penalties imposed by HHSC DHHS to the Texas Universal Service Fund (TUSF).

5.6.3 Suspension of Loss of Specialized Telecommunications Assistance Program (STAP) Vendor Eligibility

(Added 09/15)

A STAP vendor may be suspended from or lose eligibility to participate in the STAP program for any of the following reasons:

  • Failing to comply with the requirements of the program;
  • Seeking or receiving reimbursement for specialized telecommunications equipment or services that are not new or were not provided;
  • Seeking or receiving reimbursement for specialized telecommunications equipment or services on a voucher that is not valid;
  • Violating or suspicion of violating any HHSC Office for Deaf and Hard of Hearing Services (DHHS) or other applicable rules, policies, or laws relating to STAP;
  • Failing to repay the Texas Universal Service Fund (TUSF) for specialized telecommunications equipment or services the STAP vendor received reimbursement for but did not provide or was not entitled to reimbursement for; and
  • Being debarred or suspended from doing business with, or receiving payments from, the federal or state of Texas government.

HHSC DHHS will notify a STAP vendor in writing if HHSC DHHS determines that the STAP vendor is suspended from the program or is ineligible to participate in the program.

5.6.4 Reinstatement of Vendors

(Added 09/15)

A Specialized Telecommunications Assistance Program (STAP) vendor that has been suspended from or determined to be ineligible to participate as a STAP vendor in the program may be reinstated by the HHSC Office for Deaf and Hard of Hearing Services (DHHS) by submitting:

  • a written request to HHSC DHHS for reinstatement; and
  • written documentation showing that:
    • all program eligibility requirements have been satisfied; and
    • any violations or deficiencies that resulted in the suspension or ineligibility determination have been remedied.

HHSC DHHS decisions about vendors’ reinstatement requests are final.

5.7.1 Reimbursement Process

(Added 09/15)

To be successfully reimbursed, Specialized Telecommunications Assistance Program (STAP) vendors must follow the HHSC DHHS STAP reimbursement process. STAP vendors must:

  • supply only new specialized telecommunications equipment or services that were purchased by the STAP vendor directly from a supplier;
  • include all supporting documentation (see 5.7.2 Supporting Documentation);
  • not submit the reimbursement request before 10 calendar days from the date of the voucher exchange or before the specialized telecommunications equipment or service is delivered; and
  • submit the reimbursement request within 120 calendar days of the date of the voucher exchange or proven delivery of the specialized telecommunications equipment or service.

STAP vendors cannot receive reimbursement for:

  • used equipment;
  • equipment paid for directly by a customer;
  • vouchers on which the vendor or vendor employee is named as the authorized certifier, without prior approval by HHSC DHHS;
  • vouchers that are not properly completed or redeemed in accordance with the voucher terms, conditions, and instructions; or
  • returned equipment and services that the voucher recipient has requested to terminate.

The HHSC DHHS/STAP Administrative Support contractor reimburses the STAP vendor:

  • no later than 45 calendar days after receiving the copy of the voucher for payment from the vendor;
  • from the Texas Universal Service Fund (TUSF);
  • at the lowest reimbursement amount, out of the possible amounts below:
    • HHSC DHHS established reimbursement amount;
    • STAP vendor’s advertised purchase price for a voucher properly exchanged for specialized telecommunications equipment or a service for which a voucher recipient exchanges the voucher; or
    • voucher value established by HHSC DHHS for the voucher category of the specialized telecommunications equipment or service exchanged.

STAP vendors seeking reimbursement for the sale of specialized telecommunications equipment or services from an additional source (such as Medicare, Medicaid, or private insurance) in conjunction with a voucher exchange may not receive more than the total price of the specialized telecommunications equipment or services from all sources.

Vouchers will not be reimbursed for partial exchanges. All specialized telecommunications equipment or services must be exchanged as authorized on the voucher.

STAP vendors will not be reimbursed for voucher exchanges that are made during any time the STAP vendor is noncompliant, suspended, ineligible, debarred, or inactive.

5.7.2 Supporting Documentation

(Added 09/15)

A voucher recipient can exchange his or her issued voucher in person or by mail.
When a voucher recipient exchanges an issued voucher to purchase approved specialized telecommunications equipment or services from a STAP vendor in person, the STAP vendor must provide the following supporting documentation to the HHSC DHHS/STAP Administrative Support contractor to receive reimbursement:

  • copy of the voucher, with Section 2 of the voucher completed and signed by an individual who the STAP vendor authorizes to exchange and sign vouchers to certify that:
    • the specialized telecommunications equipment or service has been delivered to the voucher recipient; and
    • the specialized telecommunications equipment or service was new when delivered and was not used, re-conditioned, or obsolete; and
  • receipt that describes the specialized telecommunications equipment or service exchanged for the voucher and includes the total price charged to the voucher recipient, including the amount to be reimbursed by HHSC DHHS/STAP Administrative Support contractor from the Texas Universal Service Fund (TUSF) for the specialized telecommunications equipment or service exchanged.

When a voucher recipient exchanges an issued voucher with a STAP vendor for the purchase of approved specialized telecommunications equipment or services by mail, the STAP vendor must provide the following supporting documentation to the HHSC DHHS/STAP Administrative Support contractor to receive reimbursement:

  • proof of delivery of the specialized telecommunications equipment or service to the voucher recipient; and
  • a receipt that describes the specialized telecommunications equipment or service exchanged by mail for the voucher and includes the total price charged to the voucher recipient, including the amount to be reimbursed by the HHSC DHHS/STAP Administrative Support contractor from the TUSF for the specialized telecommunications equipment or service exchanged.

5.7.3 Dispute Resolution

(Added 09/15)

The HHSC Office for Deaf and Hard of Hearing Services (DHHS) may investigate whether the presentation of a voucher for payment represents a valid transaction for specialized telecommunications equipment or a service under the Specialized Telecommunications Assistance Program (STAP).

If there is a dispute regarding the amount or propriety of the payment, or whether the specialized telecommunications equipment or service is appropriate or adequate to meet the needs of the voucher recipient, the HHSC DHHS/STAP Administrative Support contractor may:

  • delay or deny payment of a voucher to a STAP vendor until the dispute is resolved;
  • provide payment of a voucher, conditional upon the return of the payment if the specialized telecommunications equipment is returned to the STAP vendor or if the service is not used by the voucher recipient; or
  • provide an alternative dispute resolution process for resolving a dispute regarding a subject described by this subsection.

Reimbursements may also be subject to other limitations or conditions as determined by HHSC DHHS to be just and reasonable, including investigation of whether the presentation of an issued voucher represents a valid transaction for specialized telecommunications equipment or services under STAP.

If a dispute arises as to whether the submitted documentation is sufficient to presume a valid STAP sales transaction, HHSC DHHS will make the final determination on the sufficiency of the documentation.