IPAT/InfoTech Logo

Your Legal Rights
to Assistive Technology

Help Is Available

This document is divided into three sections,
depending on who will use the assistive technology:


Legal Rights to Assistive Technology
for Your Child

Did you know that whether you receive assistive technology is not a matter of charity, it’s a matter of rights?

As an individual with a disability, your child may have a right to the assistive technology he or she needs. Many funding sources -- whether they are government programs or private insurers -- must make their decisions based on whether your child meets certain conditions.

Assistive technology (AT) is a device or service that makes certain tasks easier for people with disabilities. This includes communication devices, adaptive wheelchairs, stair lifts, computers, van conversions and many other items. AT also includes home modifications and adaptations such as ramps and grab bars in a hallway or bathroom.

In the past, those who were wrongfully denied AT often didn’t have the help or resources to appeal the decision. Now, help is available through InfoTech.

We have designed this brochure to explain how InfoTech, an IPAT (Iowa Program for Assistive Technology) program, can help if your request for AT for your child is rejected.

Because assistive technology can be a right, you have a recourse if your request for funding is turned down.

All government programs and most private insurance contracts have an appeal or review process that you can turn to if you are denied benefits. An appeal begins with a written explanation of why your application for assistance should be accepted. The information relevant to your application is then reviewed by someone not involved in the initial decision.

If you are seeking AT for your child, you need to know your rights:

If You Are Seeking AT through a Government Program:

  1. You have a right to apply for funding.
  2. If you are turned down, you have a right to a written explanation of why your request was denied.
  3. You have the right to appeal. This means you have the right to a review by a person not involved with the initial decision.

If You Have Insurance through a Private Insurance Company:

You have a contract with that company that defines your rights. A contract can be enforced.

You Don’t Have to Do It Alone

If you have been rejected by a funding agency, call us at InfoTech for help.

InfoTech can:

Find Out Why

Once you understand why your application has been rejected, you’ll know more about how to appeal the rejection and apply to other funding sources.

If an agency denies your request for funding, it’s usually for one of four reasons:

  1. Your child is not eligible for the program -- he or she doesn’t fit the definition of the population served by the agency.
  2. The particular service or device you are requesting for your child is not covered by the program or agency.
  3. Your request does not meet the criteria for coverage of the particular service or device, e.g., medically necessary.
  4. You need to establish prior rejection by other agencies to qualify for the program.

How to Be Prepared for an Appeal:
What You Can Do

To be prepared to appeal a negative decision, you need to keep records pertaining to your child’s case. In a file or notebook, keep track of all paper work and phone conversations. Take notes and write down contact names and the date and time of phone calls and meetings. You should also try to speak to the same contact person each time you call or visit a funding agency.

Remember, persistence often pays off when seeking AT, this means:

  1. You should apply in writing. Nothing can happen if you don’t first formally apply to an agency for funding. You have the right to submit a written application or prescription.
  2. You need to be aware of deadlines. In applying for assistive technology or appealing a decision, it’s important to pay attention to deadlines. You usually need to pursue your case within a certain limited time frame.
  3. You need to be sure you get reliable information. If you are uncertain about your eligibility for receiving AT from any funding source, call InfoTech for more information.

There are many laws that give eligible children legal rights to assistive technology. Some of the more important of these are described in this brochure. Each law defines certain rights and gives consumers the power to challenge decisions if their rights are wrongfully denied.

For information on the various funding agencies and programs described below, or to receive help on an appeal, call InfoTech 1-800-331-3027 (voice/TTY).

MEDICAID (also known as Title XIX)

Medicaid is a government program that provides funding for health services. It’s administered through the Iowa Department of Human services (DHS).

There are many ways to get on Medicaid. Your child may be on Medicaid through:

If children are on any Medicaid program, they are entitled to AT if the AT meets the program’s specifications. Children have received wheelchairs, communication devices and other AT.

The Medicaid program pays for durable medical equipment, prosthetic devices, augmentative communication devices, and medical supplies. Many types of AT can be covered under these categories if the AT is medically necessary.

If your request for AT for your child from Medicaid is rejected, you have the right to appeal to the DHS and to the courts.

INDIVIDUALS WITH DISABILITIES EDUCATION ACT (IDEA)

If your child is eligible for special education under the IDEA and Iowa law, he or she may be eligible to receive AT through the school system.

The IDEA divides its services into two parts:

Part H--Children Birth to Age 3. Children birth to 3 enrolled in the Part H program may receive AT as an early intervention service if it is specified in the Individualized Family Service Plan (IFSP).

Part B--Children Aged 3 to 21. Under IDEA, if children age 3 to 21 require assistive technology, either as part of their special education program, as a "related service" or as a "supplemental aid or service to keep the child in the least restrictive environment," then the AT must be provided at no cost to the family.

Each child in special education has an Individualized Education Plan (IEP) team which includes the parents. If the IEP team determines that a child needs AT in order to receive a free and appropriate education, then the AT needs to be set out in the IEP. The school is in turn required to ensure that the child is provided AT designated in the IEP at no cost to the parents. AT might be required for the student to benefit from special education or to be educated in "the least restrictive environment." The team can also decide that an evaluation should be done to determine what AT is necessary.

If you disagree with decisions made by the school in connection with your child’s special education, you can request a hearing with the Iowa Department of Education.

AMERICANS WITH DISABILITIES ACT and SECTION 504 of the REHABILITATION ACT

Both of these federal laws help guarantee your rights to AT. They prohibit discrimination on the basis of disability. This means they require certain entities to offer reasonable accommodations.

For children, the ADA and Section 504 are most important in the school setting. Schools, as government entities, have an obligation to offer "reasonable accommodations" -- which can include AT -- to make their services available to children with disabilities.

These federal laws ensure that all children with disabilities have access to all the facilities and programs of a school. In doing so, they can go beyond what might be required under IDEA.

This means:

If your child is denied AT required under the ADA or Section 504, you can file complaints with government agencies responsible for insuring these rules are followed.

PRIVATE INSURANCE

If you have private insurance-either through an employer or on your own-and meet the specified criteria in the insurance contract, you are legally entitled to AT.

There are two important things to remember about private health insurance.

  1. The insurance company has a contract with you to pay for certain items and is legally obligated to follow the contract.
  2. Private insurance companies are also regulated by law.

If you have insurance under your employer...
The Employee Retirement Income Security Act (ERISA) is a federal law that regulates employee benefit plans. Under this law employees are entitled to information about what is covered under an employer health plan. You also have the right to ask for a review of any denial of benefits and appeal to the courts.

If you have insurance on your own...
If you have obtained your insurance on your own (not through an employer), the State Insurance Commission might be helpful. Otherwise, you can ask the courts to enforce the insurance contract.

Help Is Available

Remember, when you are seeking funding for AT, don’t be discouraged by rejection. You may be pursuing something that you are entitled to under the law. Call InfoTech for information about how to get assistance to appeal a funding decision and about your other funding options.

For More Information
and Free Assistance
Call or Write InfoTech Today.


Legal Rights to Assistive Technology
for Adults

Did you know whether you receive assistive technology is not a matter of charity, it’s a matter of rights?

As an individual with a disability, you may have a right to the assistive technology you need. Many funding sources -- whether they are government programs or private insurers -- must make their decisions based on whether you meet certain conditions.

Assistive technology (AT) is a device or service that makes certain tasks easier for people with disabilities. This includes communication devices, adaptive wheelchairs, stair lifts, computers, van conversions and many other items. AT also includes home modifications and adaptations such as ramps and grab bars in a hallway or bathroom.

In the past, those who were wrongfully denied AT often didn’t have the help or resources to appeal the decision. Now, help is available through InfoTech.

We have designed this brochure to explain how InfoTech, an IPAT (Iowa Program for Assistive Technology) program, can help if your request for AT is rejected.

Because assistive technology can be a right, you have a recourse if your request for funding is turned down.

All government programs and most private insurance contracts have an appeal or review process that you can turn to if you are denied benefits. An appeal begins with a written explanation of why your application for assistance should be accepted. The information relevant to your application is then reviewed by someone not involved in the initial decision.

If you are seeking AT, you need to know your rights:

If You Are Seeking AT through a Government Program:

  1. You have a right to apply for funding.
  2. If you are turned down, you have a right to a written explanation of why your request was denied.
  3. You have the right to appeal. This means you have the right to a review by a person not involved with the initial decision.

If You Have Insurance through a Private Insurance Company:

You have a contract with that company that defines your rights. A contract can be enforced.

You Don’t Have to Do It Alone

If you have been rejected by a funding agency, call us at InfoTech for help.

InfoTech can:

Find Out Why

Once you understand why your application has been rejected, you’ll know more about how to appeal the rejection and apply to other funding sources.

If an agency denies your request for funding, it’s usually for one of four reasons:

  1. You are not eligible for the program -- you don’t fit the definition of the population served by the agency.
  2. The particular service or device you are requesting is not covered by the program or agency.
  3. Your request does not met the criteria for coverage of the particular service or device, e.g., medically necessary.
  4. You need to establish prior rejection by other agencies to qualify for the program.

How to Be Prepared for an Appeal:
What You Can Do

To be prepared to appeal a negative decision, you need to keep records pertaining to your case. In a file or notebook, keep track of all paper work and phone conversations. Take notes and write down phone calls and meetings. You should also try to speak to the same contact person each time you call or visit a funding agency.

Remember, persistence often pays off when seeking AT. This means:

  1. You should apply in writing. Nothing can happen if you don’t first formally apply to an agency for funding. You have the right to submit a written application or prescription.
  2. You need to be aware of deadlines. In applying for assistive technology or appealing a decision, it’s important to pay attention to deadlines. You usually need to pursue your case within a certain limited time frame.
  3. You need to be sure you get reliable information. If you are uncertain about your eligibility for receiving AT from any funding source, call InfoTech for more information.

There are many laws that give eligible individuals legal rights to assistive technology. Some of the more important of these are described in this brochure. Each law defines certain rights and gives consumers the power to challenge decisions if their rights are wrongfully denied.

For information on the various funding agencies and programs described below, or to receive help on an appeal, call InfoTech 1-800-331-3027 (voice/TTY).

MEDICAID (also known as Title XIX)

Medicaid is a government program that provides funding for health services. It’s administered through the Iowa Department of Human Services (DHS).

There are many ways to get on Medicaid. You may be on Medicaid through:

If you are on any Medicaid program, you are entitled to AT if the AT meets the program’s specifications. The Medicaid program pays for durable medical equipment, prosthetic devices, augmentative communication devices, and medical supplies. Many types of AT can be covered under these categories if the AT is medically necessary.

If your request for AT from Medicaid is rejected, you have the right to appeal to the DHS and to the courts.

MEDICARE

If you are eligible for Medicare, you qualify for AT if it is medically necessary.

Medicare is divided into two parts:

Part A deals with hospital insurance and care.

Part B deals with doctor’s fees, durable medical equipment, including many items of assistive technology, and other aspects of outpatient care. You must pay a small monthly premium to enroll in Part B and receive funding for AT. If you are also eligible for Medicaid, there is a program that will cover the cost of your part B premium.

Medicare will pay for certain items of AT as durable medical equipment. Under Medicare, durable medical equipment is defined as equipment that:

If you are denied assistive technology under Medicare, the appeal process can begin with an informal review of your application and advance to a court hearing if necessary.

VOCATIONAL REHABILITATION

If you are eligible for Vocational Rehabilitation the state is required to provide you with AT if you are otherwise employable and such services enable you to be employed.

A counselor in your local Vocational Rehabilitation office will determine your need and eligibility.

Services are provided according to an individualized plan. You have the right to participate in devising and approving your individualized plan.

If you are denied AT under Vocational Rehabilitation, you can appeal.

AMERICANS WITH DISABILITIES ACT and SECTION 504 of the REHABILITATION ACT

Both of these federal laws help guarantee your rights to AT. They prohibit discrimination on the basis of disability. This means they require certain entities to offer reasonable accommodations.

Employers are required to make "reasonable accommodations" for employees or applicants with disabilities. These accommodations may include AT. These federal laws also require that persons with disabilities have access to public programs such as public colleges. Persons are entitled to reasonable accommodations to make these programs accessible. These accommodations may include AT.

If you believe you have been discriminated against because of a disability, you can file a complaint with agencies charges with enforcing these laws.

PRIVATE INSURANCE

If you have private insurance-either through an employer or on your own-and meet the specified criteria in the insurance contract, you are legally entitled to at.

There are two important things to remember about private health insurance.

  1. The insurance company has a contract with you to pay for certain items and is legally obligated to follow the contract.
  2. Private insurance companies are also regulated by law.

If you have insurance under your employer...
The employee Retirement Income Security Act (ERISA) is a federal law that regulates employee benefit plans. Under this law employees are entitled to information about what is covered under an employer health plan. You also have the right to ask for a review of any denial of benefits and appeal to the courts.

If you have insurance on your own...
If you have obtained your insurance on your own (not through an employer), the State Insurance Commission might be helpful. Otherwise, you can ask the courts to enforce the insurance contract.

Help Is Available 

Remember, when you are seeking funding for AT, don’t be discouraged by rejection. You may be pursuing something that you are entitled to under the law. Call InfoTech for information about how to get assistance to appeal a funding decision and about your other funding options.

For More Information
and Free Assistance
Call or Write InfoTech Today.


Legal Rights to Assistive Technology
for Older Adults

Did you know that whether you receive assistive technology is not a matter of charity, it’s a matter of rights?

You may have a right to the assistive technology you need. Many funding sources-whether they are government programs or private insurers -- must make their decisions based on whether you meet certain conditions.

Assistive technology (AT) is a device or service that makes certain tasks easier for people with disabilities or the elderly. This includes communication devices, adaptive wheelchairs, stair lifts, computers, van conversions and many other items. AT also includes home modifications and adaptations such as ramps and grab bars in a hallway or bathroom.

In the past, those who were wrongfully denied AT often didn’t have the help or resources to appeal the decision. Now, help is available through InfoTech.

We have designed this brochure to explain how InfoTech, an IPAT (Iowa Program for Assistive Technology) program, can help if your request for AT is rejected.

Because assistive technology can be a right, you have a recourse if your request for funding is turned down.

All government programs and most private insurance contracts have an appeal or review process that you can turn to if you are denied benefits. An appeal begins with a written explanation of why your application for assistance should be accepted. The information relevant to your application is then reviewed by someone not involved in the initial decision.

If you are seeking AT, you need to know your rights:

If You Are Seeking AT through a Government Program:

  1. You have a right to apply for funding.
  2. If you are turned down, you have a right to a written explanation of why your request was denied.
  3. You have the right to appeal. This means you have the right to a review by a person not involved with the initial decision.

If You Have Insurance through a Private Insurance Company:

You have a contract with that company that defines your rights. A contract can be enforced.

You Don’t Have to Do It Alone

If you have been rejected by a funding agency, call us at InfoTech for help.

InfoTech can:

Find Out Why

Once you understand why your application has been rejected, you’ll know more about how to appeal the rejection and apply to other funding sources.

If an agency denies your request for funding, it’s usually for one of four reasons:

  1. You are not eligible for the program -- you don’t fit the definition of the population served by the agency.
  2. The particular service or device you are requesting is not covered by the program or agency.
  3. Your request does not meet the criteria for coverage of the particular service or device, e.g., medically necessary.
  4. You need to establish prior rejection by other agencies to qualify for the program.

How to Be Prepared for an Appeal:
What You Can Do

To be prepared to appeal a negative decision, you need to keep records pertaining to your case. In a file or notebook, keep track of all paper work and phone conversations. Take notes and write down contact names and the date and time of phone calls and meetings. You should also try to speak to the same contact person each time you call or visit a funding agency.

Remember, persistence often pays off when seeking AT. This means:

  1. You should apply in writing. Nothing can happen if you don’t first formally apply to an agency for funding. You have the right to submit a written application or prescription.
  2. You need to be aware of deadlines. In applying for assistive technology or appealing a decision, it’s important to pay attention to deadlines. You usually need to pursue your case within a certain limited time frame.
  3. You need to be sure you get reliable information. If you are uncertain about your eligibility for receiving AT from any funding source, call InfoTech for more information.

There are many laws that give individuals age 65 or older legal rights to assistive technology. Some of the more important of these laws are described in this brochure. Each law defines certain rights and gives consumers the power to challenge decisions if their rights are wrongfully denied.

For information on the various funding agencies and programs described below, or to receive help on an appeal, call InfoTech 1-800-331-3027 (voice/TTY).

MEDICARE

If you are eligible to receive Medicare, you may be entitled to receive AT.

Medicare is divided into two parts:

Part A deals with hospital insurance and care.

Part B deals with doctor’s fees, durable medical equipment, including many items of assistive technology, and other aspects of outpatient care. You must pay a small monthly premium to enroll in Part B and receive funding for AT. If you are also eligible for Medicaid, there is a program that will cover the cost of your part B premium.

Medicare pays for AT that is "durable medical equipment" and:

If you are denied assistive technology under Medicare, the appeal process can begin with an informal review of your application and advance to a court hearing if necessary.

MEDICAID (also known as Title XIX)

Medicaid is a government program that provides funding for health services. It’s administered through the Iowa Department of Human Services (DHS).

There are many ways to get on Medicaid. You may be on Medicaid through:

If you are on any Medicaid program, you are entitled to AT if the AT meets the program’s specifications. The Medicaid program pays for durable medical equipment, prosthetic devices, augmentative communication devices, and medical supplies. Many types of AT can be covered under these categories if the AT is medically necessary.

If you are eligible for Medicaid as well as Medicare, you should check your eligibility for AT under Medicaid. This is important to know because Medicaid coverage is more comprehensive than Medicare coverage.

If your request for AT from Medicaid is rejected, you have the right to appeal to the DHS and to the courts.

AMERICANS WITH DISABILITIES ACT and SECTION 504 of the REHABILITATION ACT

Both of these federal laws help guarantee your rights to AT because they prohibit discrimination on the basis of disability.

These laws also ensure that persons with disabilities have access to public programs such as community programs or senior centers. Persons with disabilities are entitled to "reasonable accommodations" that will make these programs accessible to them.

Employers are also required to make reasonable accommodations for employees or applicants with disabilities. These accommodations may include AT.

If you have been denied AT required under the ADA or Section 504, you can file complaints with government agencies responsible for insuring these rules are followed.

PRIVATE INSURANCE

If you have private insurance -- either through an employer or on your own -- and meet the specified criteria in the insurance contract, you are legally entitled to AT.

There are two important things to remember about private health insurance.

  1. The insurance company has a contract with you to pay for certain items and is legally obligated to follow the contract.
  2. Private insurance companies are also regulated by law.

If you have insurance under your employer...
The employee Retirement Income Security Act (ERISA) is a federal law that regulates employee benefit plans. Under this law employees are entitled to information about what is covered under an employer health plan. You also have the right to ask for a review of any denial of benefits and appeal to the courts.

If you have insurance on your own...
If you have obtained your insurance on your own (not through an employer), the State Insurance Commission might be helpful. Otherwise, you can ask the courts to enforce the insurance contract.

Help Is Available

Remember, when you are seeking funding for AT, don’t be discouraged by rejection. You may be pursuing something that you are entitled to under the law. Call InfoTech for information about how to get assistance to appeal a funding decision and about your other funding options.

For More Information
and Free Assistance
Call or Write InfoTech Today.


This brochure was produced for the Iowa Program for Assistive Technology (IPAT). IPAT is supported by grants from the National Institute of Disability Rehabilitation Research, U.S. Department of Education. This material does not necessarily reflect the views of NIDRR/ED or indicate official endorsement of its contents.


IPAT/Home   InfoTech   Funding   UERS   Publications   Links
Disclaimer


IPAT/InfoTech is proud to be Bobby Approved Find out more about this logo and accessible page design.  Also check out the booklet, Accessible Web Designs for more information.