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125A.59 INTERAGENCY AGREEMENT TO PURCHASE USED ASSISTIVE
TECHNOLOGY DEVICES.
    Subdivision 1. Option to purchase by Department of Employment and Economic
Development. (a) When a child with a disability transitions into a work environment or enrolls in
a postsecondary course or program, the Department of Employment and Economic Development
may purchase any assistive technology device that the child's former district purchased on the
child's behalf.
(b) The Department of Employment and Economic Development may purchase an assistive
technology device initially purchased by a district for a child who is currently a recipient of
rehabilitation services and who needs the identical assistive technology device as stated on the
recipient's individual written rehabilitation plan. The purchase may be made not more than three
months before the child exits the district.
    Subd. 2. Liability for used equipment. The Department of Employment and Economic
Development and the Department of Education are not liable for any nonconformities in the
equipment after it is purchased by the Department of Employment and Economic Development, or
for injuries arising out of the use of the assistive technology device. This section does not foreclose
the child's right to bring suit against the manufacturer, assistive device lessor, or assistive device
dealer for nonconformities in or injuries arising out of the use of the assistive technology device.
    Subd. 3. Third-party payor. Nothing contained in this section may be construed as
decreasing the obligation of an insurance company or other third-party payor to provide coverage
for assistive technology.
History: 1996 c 412 art 3 s 8; 1998 c 397 art 2 s 71,164; 2003 c 130 s 12; 2004 c 206 s 52

Official Publication of the State of Minnesota
Revisor of Statutes