Welcome! Closer Look at AT Exchange Programs

Welcome!Closer Look at AT Exchange Programs Carolyn P. Phillips Georgia Department of Labor – Tools for Life www.passitoncenter.org

Agenda • Introduction – Carolyn Phillips • Defining AT Reuse/Reutilization • Exploring Liability Issues • Policies • Procedures • Practices • We Need Your Help! • Questions and Answers

Defining AT Reutilization • Exchange • Reassign/Redistribute • Refurbish • Remanufacture • Recycle • Pass It On Center National Task Force

Defining AT Reutilization • Device reutilization: Device reutilization includes device exchange activities and device recycle/refurbish/repair activities. It also includes open-ended device loans in which the borrower can keep the device for as long as it is needed, because these loans are considered a form of “acquisition.” • Jeremy Buzzell and Robert Groenendaal, RSA

Defining AT Reutilization • Device exchange activities are those in which devices are listed in a “want ad”-type posting and consumers can contact and arrange to obtain the device (either by purchasing it or obtaining it for free) from the current owner. Exchange activities do not involve warehousing inventory and do not include repair, sanitation, or refurbishing of used devices. In some cases, a Statewide AT Program serves as an intermediary directly involved in making this exchange, in others the consumer and current owner make this exchange without the involvement of the Statewide AT Program. • Jeremy Buzzell and Robert Groenendaal, RSA

Defining AT Reutilization • Device recycle/refurbish/repair activities are those in which devices are accepted (usually by donation) into an inventory; are repaired, sanitized, and/or refurbished as needed; and then offered for sale, loan, rental, or give away to consumers as recycled products. Repair of devices for an individual (without the ownership of the device changing hands) are considered device recycling. • Jeremy Buzzell and Robert Groenendaal, RSA

Defining AT Reutilization • Exchange: Connects users to directly exchange AT, similar to eBay or classified ads. • Pass It On Center National Task Force

Defining AT Reutilization • Reassign/Redistribute: Accepts AT for sanitization, identifies appropriate users, and matches to new consumer. • Refurbish: Similar to reassignment, but in addition the program restores AT to its original configuration, which may include repairing and replacing parts. • Pass It On Center National Task Force

Defining AT Reutilization • Remanufacture: Similar to refurbishing, but strips and builds AT to new configuration. (NOT Recommended) • Recycle: End-of-life breakdown of AT for disposal and/or reuse in refurbishing and remanufacturing. • Pass It On Center National Task Force

Considering Liability Issues • Liability levels affected by whether you directly rehabilitate/recycle the equipment and resell/distribute, engage in a “consumer matching” or pass through redistribution, or simply create a marketplace for the exchange of goods. • Jessica M. Brodey

Consumers - Liability • Consumer Privacy • Consumer Fraud • Safe and recommended buying or acquisition practices • Illegal activities • State warranties and contract laws • Jessica M. Brodey

AT Reuse Liability Checklist –Exchange Programs • Web Sites • Written Policies and Procedures posted (and accepted by members) outlining permissible uses of the exchange web site • If money exchanges are handled through web site, security measures in place to protect against fraud and theft • Best practices/tips for consumers to help them navigate the process, ensure they are acquiring good equipment • Ensure that: • Seller owns the equipment he/she is selling/donating • May want to ask if equipment purchased with VR funds • Privacy Policy that addresses use of information, and registration for use of online exchange • Add notice that program will report abuse • Include agreement checkbox • Verify insurance policies cover these activities, or set aside money for claims.

AT Reuse Liability Checklist –Exchange Programs • Disclaimers for each online exchange (if completed via web site) releasing organization from any liability (effectiveness may vary depending on State laws) • “Buyer beware” warranty language before transactions completed • Include waiver check box • Rating system for frequent sellers • Reporting System • Means to report sellers that fail to deliver as promised • Means to report illegal/inappropriate equipment that should not be available for exchange • Products • Means to track recalled/dangerous products • Provide information to consumers about how to identify fraudulent products listed

Policies – In depth Look • Jessica M. Brodey • June 2008

Basic Guidelines for Exchange Programs Exchange programs should be aware that devices made available for exchange continue to be subject to any warnings, bans, or recalls issued by the FDA. Therefore, a program that facilitates the exchange of a device subject to a warning, ban or recall may be subject to liability. Inform Consumers: • Warn buyers about the risks of acquiring reutilized devices, and to clarify what warranties, if any, are offered with the devices. • A list of “best practices” and/or “Buyer Beware” guidelines for consumers acquiring reutilized devices can help educate consumers and protect reutilization programs and these practices should be posted in connection with the program’s exchange services. • At a minimum, programs should request that sellers clarify what warranties, if any, are offered with the device, and should encourage consumers to ask about warranties and user guides.

Basic Guidelines for Exchange Programs Know Inventory: • Be aware of all of the different types and brands of products available for exchange through your program and whether any of them are subject to warnings, bans, or recalls. • If a program is aware of that a banned device is available for exchange, that device should be removed. Address Sanitization Guidelines: • Device exchange programs should inform buyers and sellers about appropriate steps they should take to sanitize devices. • Programs should request that sellers sanitize all devices exchanged, and should post sanitization guidelines.

Basic Guidelines – Exchange (con’t) Track Class 1 FDA-Issued Warnings, Bans, or Recalls: • Medical devices continue to be subject to any warnings, bans, or recalls issued by the FDA. The FDA does track some medical devices from the manufacturer to the consumer in order to notify consumers and recall devices should a device pose a serious health risk. The FDA does not track medical devices intended for repeated use, often the devices used by reutilization programs. Exchange Programs should encourage consumers to verify whether the devices they may be acquiring are subject to any FDA recalls or bans at: http://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfTopic/medicaldevicesafety/recalls.cfm. • Exchange programs should have a mechanism for removing medical devices from their listings if notified that the listed product is recalled or banned.

Basic Guidelines – Exchange (con’t) Maintain Business Records of Inventory and Customers: • Keep ordinary business records regarding their inventory and their consumers. • Such records would be important in the event of a recall or warning issues about a device. • Exchange programs should know whether or not a particular type of device passed through the program, which consumer possesses the device and how to contact that consumer to inform him/her of the recall or warning. Comply with Prescription Use Practices: • Exchange programs should inform consumers that prescription medical devices, should only be dispensed under the supervision of a licensed practitioner. • Exchange programs should ask those listing products for sale to verify that the device being listed is not a prescription device.

Basic Guidelines – Exchange (con’t) Report Adverse Events: • The FDA does not require that reutilizers report incidents of serious injury or death involving a device to the FDA or to the device manufacturer. However, reutilization programs should keep records of any complaints or reports of such incidents. If a faulty device design causes a serious injury or death it is important that the manufacturer becomes aware of the danger.

Basic Guidelines – Exchange (con’t) Understand and Apply State Statutes and Regulations: • Reutilization programs are advised that while there may be no applicable FDA regulations or statutes governing their activities, some states have chosen to regulate the reutilization of medical devices. Additionally, state statute and regulations may govern contract relationships and warranty promises for contractual exchanges made through the Exchange program website. It is important for Exchange programs to understand how these laws may impact exchanges, and inform consumers of these laws. Reutilization programs should also consult the applicable state statutes and regulations to be sure they are in compliance with state or local law.

Defining Policies • Policies – • (1) statements on how the authority is to achieve its goals and objectives with regard to a specific subject area or class of subject areas. • (2) A plan of action adopted by the Program, which defines its rationale for pursuing particular functions, projects, actions and/or activities. • Wikipedia.org

Considering Exchange Policies • Do you have Policies addressing areas, such as: Accessibility? User Agreements? Users? Including - buyers, sellers, donors, vendors, etc. Privacy? Anonymous e-mail? Items that can be posted? Addressing Issues Including – condition of items, warranties, ownership, etc Prohibited Items? Payments? Shipping/Transportation of Items? Dispute Resolutions? Feedback/Complaints? Disclaimers?

Defining Procedures • Procedures – • (1) A step-by-step description of how the activity is conducted. If appropriate, instructions should include precautions to be taken to minimize liability. • (2) A series of steps or instructions, describing a way of doing things. • Wikipedia.org

Considering Exchange Procedures • Do you have step-by-step instructions addressing areas, such as: • Easy of Use – welcome? Language? • Accessibility – how to use/navigate site? • Accessible User Login and confirming User Agreements? • Finding Items/Equipment? Catagories? Check boxes? • Posting/Listing Equipment? – descriptions? Photos? • Addressing ways to check – condition of items, warranties, ownership • Prohibited Items? • Payments? Credit card? PayPal? • Shipping/Transportation of Items? Resources? • Dispute Resolutions? • Feedback/Complaints?

Defining Practices • Practices – • (1) are the techniques, methodologies, procedures, and processes that are used in organizations to get the job done. • (2) A case study considered to be a good example of a discipline. • (3) New ideas or lessons learned about effective program activities that have been developed and implemented in the field and have been shown to produce positive outcomes. • Wikipedia.org

Defining Your Device Exchange ADAPTED from the “State Plan Program Review Questions” Jeremy Buzzell and Robert Groenendaal, RSA

State Plan: Device Exchange What best describes the type of exchange you operate? • Primarily serves consumers from our state • Is part of a collaborative exchange among states • Serves a particular agency or entity in our state If you indicated that your device exchange is a collaborative among states, identify the states. • Jeremy Buzzell and Robert Groenendaal, RSA

State Plan: Device Exchange • Who do you serve through your Exchange? - a particular entity or agency • What is the purpose of your Exchange? • Jeremy Buzzell and Robert Groenendaal, RSA

State Plan: Device Exchange What happens when a device is exchanged? • The transaction is direct consumer-to-consumer • The Statewide AT Program is involved in the transaction • Jeremy Buzzell and Robert Groenendaal, RSA

State Plan: Device Exchange What best describes the policy of the program for charging individuals with disabilities for a device? • A flat fee only for posting a device on the site • A flat fee only when a device is exchanged • A percentage of the price when a device is exchanged • Combination • Multiple subcontractors are used and they set their own policies • Other • Jeremy Buzzell and Robert Groenendaal, RSA

Program Performance: Device Exchange • Is there evidence that this device reutilization activity increases acquisition of AT for targeted individuals and entities? • If not, does the grantee provide justification for why the activity does not yet increase acquisition of AT? • If not, does the grantee have a reasonable plan for improving this activity to result in an increase in acquisition? • Jeremy Buzzell and Robert Groenendaal, RSA

Program Performance: Device Exchange (b) Is there evidence that the structure of this activity makes it possible to meet the needs of targeted individuals and entities in most areas of the state? • If not, does the grantee provide justification for why the current structure is sufficient? • If not, does the grantee have a reasonable plan for improving its structure? • Jeremy Buzzell and Robert Groenendaal, RSA

Program Performance: Device Exchange (c) Is there evidence that the grantee employs safeguards to protect the privacy of users and ensure the integrity of exchanges? • If not, does the grantee provide justification for why the current safeguards are sufficient? • If not, does the grantee have a reasonable plan for improving its safeguards? • Jeremy Buzzell and Robert Groenendaal, RSA

Links • Pass It On Center • www.passitoncenter.org • Find AT • Arizona Assistive Technology Exchange • AT Match • Get AT Stuff • AT4ALL • Montech • gTrade

When you post items… • “When you post items on the Arizona Assistive Technology Exchange: • If you select Email - Your email address will not be listed on the website. Web users will email you through an online form. • If you select Phone, include with listing - Your phone number will be displayed online with your item. • If you select Phone, do not include with listing - Program office staff will serve as the point of contact for inquiries related to your item and will contact you via your choice below. • Note: If you chose email as your preferred method of contact, please add the email address admin@azatexchange.org to your email safe list. This will ensure that messages sent to you through our system will be delivered to your inbox.”

AT Match User Agreement • USER AGREEMENT • To become a registered member, you must read, agree with and accept all of the terms and conditions contained in this Atmatch.com User Agreement. It is recommended that as you read the terms and conditions expressly set out below, that you also access and review those incorporated by reference, specifically the underlined words and phrases that are linked to other documents on the Site. • A summary of this agreement is available, but TO BECOME A REGISTERED MEMBER, YOU MUST AGREE WITH AND ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED IN E FULL LEGAL DOCUMENT. • By accepting this User Agreement, you, the Member, also agree that your use of any additional or future atmatch.com services will be governed by the User Agreement. If you object to any portion of the agreement, please do not proceed with registration and do not use atmatch.com services. • This agreement may be amended at any time by posting the amended terms on the site. All amended terms shall automatically be effective 30 days after they are initially posted on the site. This agreement is effective upon acceptance in registration for new registering users.

Con’t. • As a buyer, a member is obligated to complete the transaction with the seller:c. if a member purchases an item through a Dutch Auction fixed price or bid format; ord. if the member is the highest bidder at the end of a standard auction (meeting the applicable minimum bid or reserve requirements) and the member's bid is accepted by the seller, unless the transaction is prohibited by law or by this Agreement. • By bidding on an item, member agrees to be bound by the conditions of sale included in the item's description so long as those conditions of sale are not in violation of this Agreement or unlawful. Unless the buyer and the seller agree otherwise, the buyer will become the item's lawful owner upon physical receipt of the item from the seller. Bids are not retractable except in exceptional circumstances, such as: when the seller materially changes the item's description after the buyer has bid; a clear typographical error is made; the seller's identity cannot be authenticated; or when the seller does not confirm the purchase. If a member chooses to bid on mature audience items or items that are restricted to adult use, the member is certifying that they have the legal right to purchase such items.

Con’t. • IN NO EVENT SHALL ATMATCH.COM, OUR OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). THE LIABILITY OF ATMATCH.COM, AND THE LIABILITY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO THE MEMBER OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES THE MEMBER PAYS TO ATMATCH.COM IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. • The Member shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items. • The Member and atmatch.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Privacy Practices • It is atmatch.com’s goal to make our privacy practices easy to understand. • If you have questions about any part of this summary or if you would like more detailed information, you are encouraged to read the full privacy policy document. By accepting the Privacy Policy and the Atmatch.com User Agreement in registration, you expressly consent to our use and disclosure of your personal information in accordance with this Privacy Policy. • This Privacy Policy is effective upon acceptance in registration for new registering users, and is otherwise effective on March 31st, 2005 for all users.

PROHIBITED OR DISCOURAGED ITEMS POLICY As an atmatch.com Member, you are responsible for determining that listing or buying an item is legal. • The Site is limited to the items and supplies related to Assistive Technology and durable medical equipment. Any item offered must be entered in one of the specific categories on the Site. Although it might seem obvious that the items listed as prohibited or discouraged would not qualify, their inclusion here provides a rigid definition. Atmatch.com has designated the following as Prohibited and Restricted Items: 1. Alcoholic Beverages2. Drugs and Prescription Medicine3. Firearms, Ammunition and Weapons4. Hazardous Materials5. Real Estate6. Stolen Property7. Tobacco Alcoholic Beverages (Beer, Wine, Bourbon, etc.)

FEEDBACK AND COMPLAINTS POLICY • The Member may not take any actions that may undermine the integrity of the transaction count and feedback system. • Atmatch.com does not provide the Member the technical ability to import feedback from other websites to atmatch.com because feedback, without the context and corresponding system integrity, may not reflect your true online reputation within the atmatch.com Site. • Members are encouraged to report all user to user disputes to local law enforcement, postmaster general, or a certified mediation or arbitration entity. Additionally, you may report complaints to the Consumer Protection Division of the Office of the Kansas Attorney General. To contact the office in writing address your letter to: 120 S.W. 10th Avenue, Topeka, Kansas 66112, or by telephone at (785)296-3751. Additionally, you may call the Consumer Hotline at 1-800-432-2310 or contact the office via email at cprotect@ksag.org . • Prior to resorting to the above resources to resolve a complaint, it is highly recommended however, that you follow the following steps: • Check the item listing including the Sellers terms of sale, item description and other terms and conditions of sale. Determine whether or not you have allowed enough time for the transaction to be completed and whether or not you fully understand all of the terms. • Email the other party. Ask the other party your questions. If you do not have the other party's email address you can request it from atmatch.com. You should attempt to establish and maintain communications with the other party and attempt to resolve the dispute between yourselves. • Check your email spam filters to make sure that no messages from the other party have been blocked. • Check your own contact information. It is possible that the other party is trying to contact you but your contact information is incorrect. • Call the other party. Many issues are simple misunderstandings that can be resolved with a single telephone call. • Go to PayPal. If you paid with PayPal please visit the PayPal Resolution Center to file a complaint. You must have a PayPal account in order to file a PayPal Buyer Protection Complaint. • Contact your credit card company. Credit card companies typically provide some level of identity and purchase protection whether you paid with your credit card through PayPal or directly to the Seller. Contact your credit card company to learn more. • Allow sufficient time for the transaction to be completed and for each step in the process to be completed. If you are satisfied that you have made a good faith effort to carry out all of the above recommended steps, you may contact atmatch.com and atmatch.com will contact the other party and attempt to facilitate discussion between you to resolve the complaint. If that is unsuccessful, you will need to resort to outside mediation or the legal system.

FEEDBACK AND COMPLAINTS POLICY • Prior to resorting to the above resources to resolve a complaint, it is highly recommended however, that you follow the following steps: • Check the item listing including the Sellers terms of sale, item description and other terms and conditions of sale. • Email the other party. Ask the other party your questions. • Check your email spam filters to make sure that no messages from the other party have been blocked. • Check your own contact information. It is possible that the other party is trying to contact you but your contact information is incorrect. • Call the other party. Many issues are simple misunderstandings that can be resolved with a single telephone call. • Go to PayPal. • Contact your credit card company. • Allow sufficient time for the transaction to be completed and for each step in the process to be completed. If you are satisfied that you have made a good faith effort to carry out all of the above recommended steps, you may contact atmatch.com and atmatch.com will contact the other party and attempt to facilitate discussion between you to resolve the complaint. If that is unsuccessful, you will need to resort to outside mediation or the legal system.

PARCEL AND FREIGHT SHIPPING • Once an item has been sold, the seller is often responsible for packaging and shipping the item to the buyer. Generally, shipping units weighing no more than 150 pounds are defined as small parcels. Packages over 150 pounds will have other requirements and will often have to be shipped with a different carrier. • Atmatch.com offers links to the consumer pages of some of the better-known national parcel carriers. This is certainly not an exhaustive list, but it does provide a starting point for both the basic requirements of each carrier and their services. • Freight carriers are more diverse, since they include trucking companies, maritime shipping, air carriers and both comprehensive services and firms that offer only one or two of the transport options. • If you have a question or a suggestion regarding small parcel or freight shipping, submit it to the toolbox using the Contact ATMATCH Toolbox Link below.

PARCEL Frequently Asked Questions • What are some of the prominent parcel shipping companies?DHL Worldwide (US)http://www.dhl-usa.com/About/Sitemap.asp?nav=SitemapSite map provides access to explanations of various services, frequently asked questions and a variety of other topics.Federal Express (Fedex)http://fedex.com/us/sitemap.html?link=1 The site map for Federal Express enables the user to select individual topics from a list. http://fedex.com/us/?link=1&lid=Package+Envelope+Services (under 150 pounds)http://fedex.com/us/freightportal/?link=1&lid=Freight+Services (over 150 pounds)Different support service pages are supplied for services under and over 150 pounds, with more detailed Frequently Asked Questions (FAQs) for the sites.United Parcel Service (UPS) http://www.ups.com/content/us/en/resources/index.html This support site offers a guide to selecting services, shipping Frequently Asked Questions (FAQs), general packing guidelines and how to find UPS locations and request pickups.U.S. Postal Servicehttps://hdusps.esecurecare.net/cgi-bin/hdusps.cfg/php/enduser/std_alp.php?p_sid=qqeYy8Bi&xssl=1The page lists a wide range of topics under different services and links to Frequently Asked Questions for the different services. Most visitors from atmatch.com will be interested in the Domestic Mailing & Shipping section, but there are other services of interest, too.

Welcome! • We're glad you found getATstuff - the Assistive Technology Exchange in New England. • Here you can look for or list Assistive Technology devices for sale or for free. • The goal of getATstuff is to help get Assistive Technology devices that are no longer being used into the hands of people who need and can benefit from them. • To enter the AT Exchange and get AT stuff, please select the New England state you live in from the drop down menu below. • Please select your state*: *If you do not live in New England states, please pick the state that you would like to be affiliated with for the purpose of entering the site.

1. Who can use the Assistive Technology Exchange in New England? • The Assistive Technology Exchange in New England is primarily for New Englanders, although we do accept entries from neighboring states. The program is designed to facilitate equipment exchange between individuals and is not for the use of vendors or distributors. • 2. What type of equipment can be listed? • Any device that assists a person with a disability to live more independently or safely may be submitted. The Assistive Technology Exchange in New England advises against selling (and buying) used software. If you decide to sell your used software through the Assistive Technology Exchange in New England, please comply with the terms outlined in the license agreement that accompanies the software. • 3. What type of equipment will not be listed on the Assistive Technology Exchange in New England? • Supplies and equipment such as ventilators, oxygen equipment, and catheters will not be accepted. Items posing hygiene or safety risks will not be listed.

Before creating an account, you must read and accept this agreement.Welcome to At4All, a free nation wide service for: Nebraskans with disabilities who may have assistive technology needs, their families, service providers, schools, and agencies.At4All is a one-stop resource where you can browse assistive technology and computers for sale, give away, demonstration, or evaluation. Before looking at our web site, please take a moment to review the guidelines for accessing and using our site.Assistive Technology and computers listed should be in working order (unless otherwise stated in the description).You will have 30 days after the transaction to make arrangements for the transfer of the assistive technology or computers. After that time the item(s) will be relisted on the web site.

Before creating an account, you must read and accept this agreement.At4All is not responsible for technical support, repairs,misuse, collections, transfer arrangements, or any misrepresentation of the condition of the assistive technology, or difficulties in securing payment from buyers. At4All is not a mediator and cannot provide assistance in such situations.If you are under 18 years of age, an adult must be involved in this process.You are in control of the amount of personal information that you give out when setting up the exchange/selling of assistive technology or computers.It is very important that you involve the appropriate professional when choosing assistive devices (for example, an occupational therapist and/or physical therapist when choosing mobility aids such as standers, wheelchairs).

Welcome! Closer Look at AT Exchange Programs