dcrodriguez/Code-of-Virginia huggingface dataset:
Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 12 (Persons Who Are Blind and Vision Impaired)
§ 51.5-98. Exemption from taxation; collection and remittance of sales and meals taxes.
A. Except as hereinafter provided, the Department, its nominee, and blind persons operating vending stands or other business enterprises under the jurisdiction of the Department shall be exempt from all state and local taxes.

B. Notwithstanding the provisions of subsection A, blind persons operating vending stands or other business enterprises under the jurisdiction of the Department shall be liable for the collection and remittance of any state or local retail sales taxes imposed or authorized by Chapter 6 (§ 58.1-600 et seq.) of Title 58.1 and local meals taxes imposed or authorized by Chapter 38 (§ 58.1-3800 et seq.) of Title 58.1 that are actually collected or collectible from the purchaser unless the property on which such vending stands or other business enterprises are located has been acquired and used by the United States for any military or naval purpose within the Commonwealth and a post exchange or tax exempt concession is located and operated on such land, in which case such blind persons shall not be liable for the collection and remittance of such state or local retail sales tax or local meals tax.

C. Nothing in this section shall be construed to relieve any blind person operating vending stands or other business enterprises under the jurisdiction of the Department from the imposition of (i) local income taxes, (ii) state income taxes or (iii) other taxes imposed that are unrelated to the operation of such vending stands or other business enterprises.

Code 1950, § 63-204.23; 1968, c. 578, § 63.1-164; 1970, c. 198; 1989, c. 314; 2002, c. 747.

Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 12 (Persons Who Are Blind and Vision Impaired)
§ 51.5-99. Appeal.
Any person aggrieved by any act of the Department or of its agents or employees or of its nominee in the administration of this article may appeal such act in accordance with Article 5 (§ 2.2-4025 et seq.) of the Administrative Process Act.

Code 1950, § 63-204.24; 1968, c. 578, § 63.1-165; 1996, c. 573; 2002, c. 747.
Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 13 (DEPARTMENT FOR THE DEAF AND HARD-OF-HEARING)
§ 51.5-106. Board established; appointment, terms and qualifications of members; meetings; chairman.
There is hereby continued an Advisory Board, hereinafter referred to as the Board, for the Department for the Deaf and Hard-of-Hearing.

The Board shall be composed of nine members appointed by the Governor as follows:

Four representatives of deafness-oriented professions concerned with the health, education, rehabilitation, mental health and welfare of the deaf and hard-of-hearing; four citizens who are deaf or hard-of-hearing; and one member who is a parent of a child who is deaf or hard-of-hearing. Appointments shall be for terms of four years. No person shall be eligible to serve more than two successive terms, except that a person appointed to fill a vacancy may serve two additional successive four-year terms. The Board shall meet at the call of the Chairman, who shall be selected by the Board from among its membership, but no less than four times a year.

1984, c. 670, § 63.1-85.1:1; 2002, c. 747.

Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 13 (DEPARTMENT FOR THE DEAF AND HARD-OF-HEARING)
§ 51.5-107. Powers and duties of Board.
The Board shall have the following powers and duties:

1. To ensure the development of long-range programs and plans provided by the state and local governments for Virginians who are deaf or hard-of-hearing;

2. To review and comment on all budgets and requests for appropriations for the Department prior to their submission to the Secretary of Health and Human Resources and the Governor and on all applications for federal funds; and

3. To advise the Governor, Secretary of Health and Human Resources, Director and the General Assembly on matters related to Virginians who are deaf or hard-of-hearing.

1984, c. 670, § 63.1-85.1:3; 2002, c. 747.

Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 13 (DEPARTMENT FOR THE DEAF AND HARD-OF-HEARING)
§ 51.5-108. Department for the Deaf and Hard-of-Hearing continued.
The Department for the Deaf and Hard-of-Hearing is continued. The Department shall be in the executive branch of the state government and shall be assigned to the Secretary of Health and Human Resources.

1984, c. 670, § 63.1-85.1:2; 1985, c. 447; 2002, c. 747.

Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 13 (DEPARTMENT FOR THE DEAF AND HARD-OF-HEARING)
§ 51.5-109. Director; appointment; compensation; qualifications.
The Governor shall appoint a Director of the Department who shall serve at the pleasure of the Governor and shall be paid such compensation as the Governor may fix.

The Director may be either a person who is deaf or hard-of-hearing or one with normal hearing, but shall be a trained professional who is experienced in problems of the deaf and hard-of-hearing and skilled in the use of manual communication, commonly referred to as sign language.

1972, c. 543, § 63.1-85.2; 1978, c. 603; 1983, c. 440; 1984, c. 670; 2002, c. 747.
Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 13 (DEPARTMENT FOR THE DEAF AND HARD-OF-HEARING)
§ 51.5-110. Powers and duties of Director.
A. The Director shall have the following duties and powers:

1. To supervise the administration of the Department;

2. To prepare, approve, and submit all requests for appropriations and be responsible for all expenditures pursuant to appropriations;

3. To employ such personnel as may be required to carry out the purposes of this chapter;

4. To make and enter into all contracts and agreements necessary or incidental to the performance of the Department's duties and the execution of its powers under this chapter, including, but not limited to, contracts with the United States, other states, and agencies and governmental subdivisions of Virginia; and

5. To accept grants from the United States government and agencies and instrumentalities thereof and any other source. To these ends, the Director shall have the power to comply with such conditions and execute such agreements as may be necessary, convenient or desirable.

B. To effectuate the purposes of this chapter, the Director may request from any department, division, board, commission or other agency and the same shall provide such information, assistance and cooperation as will enable the Director properly to exercise his powers and perform his duties hereunder.

1983, c. 440, § 63.1-85.2:1; 1984, c. 670; 1985, c. 397; 2002, c. 747.

Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 13 (DEPARTMENT FOR THE DEAF AND HARD-OF-HEARING)
§ 51.5-111. Persons who are deaf or hard-of-hearing defined and categorized.
For the purposes of this chapter, persons who are deaf or hard-of-hearing include those who experience hearing losses that range from a mild hearing loss to a profound hearing loss. They are categorized as follows:

1. Persons who are deaf are those whose hearing is totally impaired or whose hearing, with or without amplification, is so seriously impaired that the primary means of receiving spoken communication is through visual input such as lip-reading, sign language, finger spelling, reading or writing.

2. Persons who are hard-of-hearing are those whose hearing is impaired to an extent that makes hearing difficult but does not preclude the understanding of spoken communication through the ear alone, with or without a hearing aid.

1984, c. 670, § 63.1-85.3:1; 2002, c. 747.
Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 13 (DEPARTMENT FOR THE DEAF AND HARD-OF-HEARING)
§ 51.5-112. Powers and duties of Department.
The Department shall have the following powers and duties:

1. To develop a program to inform persons who are deaf or hard-of-hearing and the public of opportunities available for persons who are deaf or hard-of-hearing to fulfill their needs and solve certain problems through existing state and local services and to make available such other information as would be of value to families, professionals and other citizens working or involved in the deafness field;

2. To promote a framework for consultation and cooperation among the state agencies and institutions serving persons who are deaf or hard-of-hearing;

3. To aid in the provision of technical assistance and training within the Commonwealth in order to support efforts to initiate or improve programs and services for persons who are deaf or hard-of-hearing;

4. To evaluate state programs that deliver services to persons who are deaf or hard-of-hearing to determine their effectiveness and to make recommendations to the appropriate government officials concerning the future financial support and continuation of such programs and the establishment of the new ones;

5. To monitor state programs delivering services to persons who are deaf or hard-of-hearing to determine the extent to which services promised or mandated are delivered;

6. To make appropriate recommendations for legislative changes to the Governor and General Assembly and to follow and evaluate federal legislation having a potential impact upon persons who are deaf or hard-of-hearing who live in the Commonwealth;

7. To cooperate with schools for the deaf as provided in Chapter 19 (§ 22.1-346 et seq.) of Title 22.1 insofar as may be practicable;

8. To operate a program of technology assistance and services to encourage independence of persons who are deaf, hard-of-hearing, or speech impaired, including the distribution of devices for the deaf and support of message relay services, through grants, contracts and other means, including a sliding fee scale where appropriate; and

9. To adopt such regulations, consistent with this chapter, as may be necessary to carry out the purpose and intent of this chapter and other laws of the Commonwealth administered by the Director or the Department. Such regulations shall be binding on all officers, agents, and employees engaged in implementing the provisions of this chapter.

1972, c. 543, § 63.1-85.4; 1977, c. 668; 1983, c. 440; 1984, cc. 670, 734; 1988, c. 93; 1996, c. 471; 2002, c. 747.
Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 13 (DEPARTMENT FOR THE DEAF AND HARD-OF-HEARING)
§ 51.5-113. Statewide interpreter service.
The Department is authorized to establish, maintain and coordinate a statewide service to provide courts, state and local legislative bodies and agencies, both public and private, and persons who are deaf or hard-of-hearing who request the same with qualified interpreters for persons who are deaf or hard-of-hearing out of such funds as may be appropriated to the Department for these purposes.

Those courts and state and local agencies that have funds designated to employ qualified interpreters shall pay for the actual cost of such interpreter. The Department is further authorized to establish and maintain lists of qualified interpreters for persons who are deaf or hard-of-hearing to be available to the courts, state and local legislative bodies and agencies, both public and private, and to persons who are deaf or hard-of-hearing.

The Department is authorized to charge a reasonable fee for the administration of quality assurance screening of interpreters. Such fees shall be applied to the costs of administering the statewide interpreter service.

For purposes of this section, a qualified interpreter shall be one who holds at least one of the following credentials:

1. Certification from any national organization whose certification process has been recognized by the Department for the Deaf and Hard-of-Hearing; or

2. A current screening level awarded by the Virginia Quality Assurance Screening Program of the Department for the Deaf and Hard-of-Hearing; or

3. A screening level or recognized evaluation from any other state when (i) the credentials meet the minimum requirements of Virginia Quality Assurance Screening and (ii) the credentials are valid and current in the state issued.

1978, c. 603, § 63.1-85.4:1; 1984, c. 670; 1990, c. 192; 1992, c. 614; 2002, c. 747.

Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 13 (DEPARTMENT FOR THE DEAF AND HARD-OF-HEARING)
§ 51.5-114. Gifts and donations; disposition of moneys received.
The Department is authorized to receive such gifts and donations, either from public or private sources, as may be offered unconditionally or under such conditions as in the judgment of the Department are proper and consistent with this chapter. All moneys received as gifts or donations or state appropriations shall be deposited in the state treasury to be used by the Department to defray expenses in performing its duties. A full report of all gifts and donations accepted, together with the names of the donors and the respective amounts contributed by each, and all disbursements therefrom, shall be submitted annually to the Governor by the Department.

1972, c. 543, § 63.1-85.7; 1984, c. 670; 2002, c. 747.
Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 13 (DEPARTMENT FOR THE DEAF AND HARD-OF-HEARING)
§ 51.5-115. Telecommunications relay service; standards; funding.
A. As used in this section, unless the context requires otherwise, the term:

"Operation" means those functions reasonably and directly necessary for the provision of telecommunications relay service, including contract procurement and administration and public education and information regarding telecommunications relay service.

"Telecommunications relay service" means a facility whereby a person who has a hearing or speech disability using a text telephone and a person using a conventional telephone device can communicate with each other via telephone.

"VITA" means the Virginia Information Technologies Agency.

"Voice carry over" means technology that will enable a deaf or hard-of-hearing person with good speech to use his voice, instead of the text telephone, to communicate back to the hearing person.

B. The Department, with the assistance of VITA, shall be responsible for the provision and operation of telecommunications relay service for all text telephones within the Commonwealth. Telecommunications relay service shall include at a minimum:

1. Twenty-four-hour-a-day, seven-day-a-week statewide access with no limitations or restrictions that are not applicable to voice users of the telephone network;

2. An answer rate that ensures that at least 85% of the incoming calls are operator-answered within 20 seconds and at least 99% of incoming calls are answered within 60 seconds;

3. Technological advances, including the capability of voice carryover; and

4. Adequate facilities and personnel to ensure that calls are interpreted accurately; notwithstanding this provision, unless miscommunication on a call is caused by the willful misconduct of the telecommunications relay service provider, liability of the telecommunications relay service provider shall be limited to the charges imposed on users for the call.

C. All costs associated with the establishment and operation of the telecommunications relay service, including but not limited to personnel costs incurred by the Department for administering the service, shall be funded through a distribution made to the Department in accordance with the provisions of § 58.1-662 and any money transferred from the Department as provided for in subsection D. Such distributions, when appropriate, may be zero. The distributions shall be based on projected costs and special interim distributions may be made if actual costs exceed projections. No distribution shall be made and no funds shall be expended to support any activities that are not reasonably and directly necessary for the operation of the telecommunications relay service as defined in this section.

D. The Department shall transfer any funds received from the National Exchange Carrier Association, or other funding sources for purposes of operating telecommunications relay services, to VITA for costs associated with telecommunications relay service.

2006, c. 780.
Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 14 (DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES)
§ 51.5-116. Definitions.
As used in this chapter, unless the context requires a different meaning:

"Case management" means a dynamic collaborative process that utilizes and builds on the strengths and resources of consumers to assist them in identifying their needs, accessing and coordinating services, and achieving their goals. The major collaborative components of case management services include advocacy, assessment, planning, facilitation, coordination, and monitoring.

"Case management system" means a central point of contact linking a wide variety of evolving services and supports that are (i) available in a timely, coordinated manner; (ii) physically and programmatically accessible; and (iii) consumer-directed with procedural safeguards to ensure responsiveness and accountability.

"Client" means any person receiving a service provided by the personnel or facilities of a public or private agency, whether referred to as a client, participant, patient, resident, or other term.

"Commissioner" means the Commissioner for Aging and Rehabilitative Services.

"Consumer" means, with respect to case management services, a person with a disability or his designee, guardian, conservator, or committee.

"Department" means the Department for Aging and Rehabilitative Services.

"Employment services organization" means an organization that provides employment services to individuals with disabilities that is an approved Commission on Accreditation of Rehabilitation Facilities (CARF) accredited vendor of the Department.

"Local board" means a local board of social services established pursuant to Article 1 (§ 63.2-300 et seq.) of Chapter 3 of Title 63.2.

"Local department" means a local department of social services established pursuant to Article 2 (§ 63.2-324 et seq.) of Chapter 3 of Title 63.2.

"Local director" means a local director of social services appointed pursuant to § 63.2-325.

"Older person" or "older Virginian" means a person who is age 60 years or older.

"Physical or sensory disability" means a disability resulting in functional impairment or impairment of the central nervous system, which may include but is not limited to brain injury, spinal cord injury, cerebral palsy, arthritis, muscular dystrophy, multiple sclerosis, Prader-Willi syndrome, and systemic lupus erythematosus (lupus).

"Prader-Willi syndrome" means a specific disorder that is usually caused by chromosomal change, resulting in lifelong functional and cognitive impairments and life-threatening obesity.

"Rehabilitation technology" means the systematic application of technologies, engineering methodologies, or scientific principles to meet the needs of and address the barriers confronted by individuals with disabilities in areas that include education, rehabilitation, employment, transportation, independent living, and recreation.

2012, cc. 803, 835; 2014, c. 289; 2018, cc. 243, 377.
Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 14 (DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES)
§ 51.5-117. Declaration of purpose; Department for Aging and Rehabilitative Services created.
A. It is hereby found and determined by the General Assembly that there exists in the Commonwealth a need to ensure effective programs and services, and to improve coordination of these programs and services, for citizens of the Commonwealth who, for reasons of age, disability, or other physical factors, face challenges in living independently in the community and accessing the full range of programs and services to help them achieve independence and an improved quality of life.

B. To achieve the objectives described in subsection A, there is hereby created the Department for Aging and Rehabilitative Services, with such powers and duties as are set forth in this chapter. The Department shall work to ensure effective communications access, technology, vocational, support, and protective services for these citizens within the agency and across the Commonwealth.

C. The Department shall be in the executive branch of state government and shall be assigned to the Secretary of Health and Human Resources.

2012, cc. 803, 835.

Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 14 (DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES)
§ 51.5-118. Department designated as state agency for purpose of cooperation with federal government.
The Department is designated, subject to the provisions of §§ 51.5-66 and 51.5-77 regarding the Department for the Blind and Vision Impaired, as the state agency for the purpose of cooperating with the federal government in carrying out the provisions and purposes of the federal Rehabilitation Act of 1973 (29 U.S.C. § 701 et seq.) and is empowered and directed to cooperate with the federal government in the administration of such act, to prescribe and provide services as may be necessary for the rehabilitation of persons with disabilities, to provide for the supervision of such services, and to disburse and administer federal funds provided for the rehabilitation of such persons.

Code 1950, §§ 2.1-584, 22-327, 22-330.9; 1964, c. 276; 1978, c. 635; 1980, c. 559; 1985, c. 421, § 51.01-9, 51.5-9; 2012, cc. 803, 835.

Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 14 (DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES)
§ 51.5-119. Department designated as state agency for purpose of coordinating rehabilitative services.
The Department is designated as the state agency for coordinating rehabilitative services to persons with significant physical or sensory disabilities. The Department shall provide for the comprehensive assessment of the need for rehabilitative and support services of such persons, identify gaps in services, promote interagency coordination, develop models for case management, and advise the Secretary of Health and Human Resources, the Governor, and the General Assembly on programmatic and fiscal policies and the delivery of services to such persons.

1989, c. 176, § 51.5-91; 2000, c. 151; 2012, cc. 803, 835; 2014, c. 289.
Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 14 (DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES)
§ 51.5-120. Cooperation of Department with other state departments.
A. The Department shall collaborate with the Department of Behavioral Health and Developmental Services in activities related to licensing providers of (i) services under the Individual and Families Developmental Disabilities Support Waiver, (ii) services under the Brain Injury Waiver, and (iii) residential services for individuals with brain injuries as defined in § 37.2-403. These activities include involving advocacy and consumer groups who represent persons with developmental disabilities or brain injuries in the regulatory process; training the Department of Behavioral Health and Developmental Services, local human rights committees, and the State Human Rights Committee on the unique needs and preferences of individuals with developmental disabilities or brain injuries; assisting in the development of regulatory requirements for such providers; and providing technical assistance in the regulatory process and in performing annual inspections and complaint investigations.

B. The Department shall collaborate with the Department of Social Services in activities related to the planning and provision of adult services pursuant to Article 4 (§ 51.5-144 et seq.), adult protective services pursuant to Article 5 (§ 51.5-148), and auxiliary grants pursuant to Article 9 (§ 51.5-159 et seq.).

C. The Department shall enter into cooperative agreements with the Department of Behavioral Health and Developmental Services, the Department of Medical Assistance Services, the Virginia Community College System, public institutions of higher education, and the Department of Education to identify the responsibilities of each public entity relating to the provision of vocational rehabilitation services as required by the federal Rehabilitation Act of 1973 (29 U.S.C. § 701 et seq.), as amended.

2012, c. 803, 835; 2016, c. 27.
Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 14 (DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES)
§ 51.5-121. Authority of Department to request and receive information from other agencies; use of information so obtained.
The Department may request and shall receive from all departments, boards, bureaus, or other agencies of the Commonwealth such records and information as is necessary for the purpose of carrying out the provisions and programs of this chapter, and the same are authorized to provide such information, provided that a written statement from the requesting party stating the reason for seeking such record is submitted and filed with the record sought. The Department may also request and receive records and information necessary for the purpose of carrying out the provisions and programs of this chapter from agencies or political subdivisions of other states. The Department may make such information available to public officials and agencies of the Commonwealth, other states, political subdivisions of the Commonwealth, and political subdivisions of other states in accordance with state and federal law when the request for information relates to administration of the various public assistance or social services programs.

2012, cc. 803, 835.

Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 14 (DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES)
§ 51.5-122. Confidential records and information concerning adult services and adult protective services; penalty.
A. The records, information, and statistical registries of the Department and local departments of social services concerning adult services and adult protective services provided to or on behalf of individuals shall be confidential information, provided that the Commissioner and his agents shall have access to such records, information, and statistical registries, and that such records, information, and statistical registries may be disclosed to any person having a legitimate interest in accordance with state and federal law and regulation.

It shall be unlawful for the Commissioner, his agents or employees, any person who has held any such position, or any other person to whom any confidential record or information is disclosed to disclose, directly or indirectly, such confidential record or information, except as herein provided. Every violation of this section shall constitute a Class 1 misdemeanor.

B. If a request for a record or information concerning applicants for and recipients of adult services provided pursuant to Article 4 (§ 51.5-144 et seq.) or adult protective services provided pursuant to Article 5 (§ 51.5-148) is made to the Department or a local department by a person who does not have a legitimate interest, the Commissioner or local director shall not provide the record or information unless permitted by state or federal law or regulation.

2012, cc. 803, 835.
Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 14 (DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES)
§ 51.5-123. Community Rehabilitation Case Management System.
The Department shall develop and implement a community rehabilitation case management system. Such system shall provide for the coordination of medical, psychosocial, vocational, rehabilitative, long-term care, and family and community support services for persons with significant physical or sensory disabilities.

The Department shall facilitate the provision of such services by the Department and any other state, local, public, or private nonprofit agency, organization, or facility to such persons.

1989, c. 176, § 51.5-9.2; 2012, cc. 803, 835; 2014, c. 289.

Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 14 (DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES)
§ 51.5-124. Eligibility for community rehabilitation case management.
A person shall be eligible to receive community rehabilitation case management services pursuant to § 51.5-123 if the Department determines such person is disabled indefinitely and requires a combination and sequence of special interdisciplinary or generic care, treatment, or other services which are lifelong or for an extended duration and are individually planned and coordinated, or such person's disability results in substantive functional limitations in three or more of the following areas of major life activity: (i) self-care, (ii) receptive and expressive language, (iii) learning, (iv) mobility, (v) self-direction, (vi) capacity for independent living, and (vii) economic sufficiency. Rehabilitative case management shall not be provided to any person who is eligible for Medicaid targeted case management or other publicly funded case management or Medicaid transition coordination.

1989, c. 176, § 51.5-9.3; 2012, cc. 803, 835; 2014, c. 289.

Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 14 (DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES)
§ 51.5-125. Gifts and donations.
The Department is authorized to receive such gifts and donations, either from public or private sources, as may be offered unconditionally or under such conditions as in the judgment of the Department are proper and consistent with this title. All moneys received as gifts or donations shall be deposited in the state treasury and shall constitute a permanent special fund. Such moneys may also be used in matching federal grants. The Department shall annually submit to the Governor a full report of all gifts and donations offered and accepted, the names of the donors, the respective amounts contributed by each donor, and all disbursements of such gifts and donations.

Code 1950, §§ 2.1-586, 22-239, 22-330.11; 1964, c. 276; 1970, c. 213; 1978, c. 635; 1980, c. 559; 1984, c. 734; 1985, c. 421, §§ 51.01-10, 51.5-10; 2012, c. 835; 2020, c. 728.
Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 14 (DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES)
§ 51.5-126. Donation of equipment.
The Department shall retain title to items of nonexpendable equipment purchased by the Department for individuals or groups of individuals, in accordance with this title and the federal Rehabilitation Act of 1973 (29 U.S.C. § 701 et seq.), while such equipment has an undepreciated monetary value. Once the equipment reaches a depreciated value of zero, the Department may donate the equipment to the individual or group of individuals then authorized to use it by the Department. The donation shall be consistent with the public purpose of the Department. The Department, in concert with the Department of Accounts, shall establish criteria for depreciation of such equipment in accordance with generally accepted accounting principles and maintain depreciation records. The Department shall report a donation pursuant to this section to the Division of Purchases and Supply and to the Auditor of Public Accounts. Nothing in this section shall be construed to excuse the Department from complying with § 2.2-1124 except for equipment donated pursuant to this section.

1986, c. 436, §§ 51.01-10.1, 51.5-10.1; 2012, cc. 803, 835.
Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 14 (DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES)
§ 51.5-128. Duties of the Commonwealth Council on Aging.
A. The Commonwealth Council on Aging (the Council) shall have the following duties:

1. Examine the needs of older Virginians and their caregivers and ways in which state government can most effectively and efficiently assist in meeting those needs;

2. Advise the Governor and General Assembly on aging issues and aging policy for the Commonwealth;

3. Advise the Governor on any proposed regulations deemed by the Director of the Department of Planning and Budget to have a substantial and distinct impact on older Virginians and their caregivers. Such advice shall be provided in addition to other regulatory reviews required by the Administrative Process Act (§ 2.2-4000 et seq.);

4. Advocate for and assist in developing the Commonwealth's planning for meeting the needs of the growing number of older Virginians and their caregivers;

5. Assist and advise the Department regarding strategies to improve nutritional health, alleviate hunger, and prevent malnutrition among older adults;

6. Recommend budget requests for consideration in the Governor's development of the budget; and

7. Review and provide input as part of the development of the four-year-plan for aging services as defined in § 51.5-136.

B. The Council may apply for and expend such grants, gifts, or bequests from any source as may become available in connection with its duties under this section, and may comply with such conditions and requirements as may be imposed in connection therewith.

C. The Council shall submit to the Governor, General Assembly, and Department by October 1 of each year an electronic report regarding the activities and recommendations of the Council, which shall be submitted for publication as a report document as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports and shall be posted on the General Assembly's website and the Department's website.

1998, c. 665, § 2.1-373.02; 2000, cc. 877, 896; 2001, c. 844, § 2.2-2627; 2010, cc. 411, 801; 2012, cc. 803, 835; 2017, c. 202; 2020, c. 728; 2022, c. 533; 2023, c. 583.

Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 14 (DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES)
§ 51.5-129. Creation of State Rehabilitation Council; purpose; membership.
The State Rehabilitation Council is established as a designated state council in the executive branch of government for the purpose of providing advice to and performing other functions for the Department regarding vocational services provided pursuant to Title I and Title VI of the federal Rehabilitation Act of 1973 (29 U.S.C. § 701 et seq. and 29 U.S.C. § 795 et seq., respectively). Membership, terms, and meeting requirements shall be in accordance with federal provisions as provided in 29 U.S.C. § 725.

2012, cc. 803, 835.
Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 14 (DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES)
§ 51.5-130. Commissioner for Aging and Rehabilitative Services.
A. The supervision of the Department shall be the responsibility of the Commissioner for Aging and Rehabilitative Services under the direction and control of the Governor and the Secretary of Health and Human Resources. The Commissioner shall be a person of proven executive and administrative knowledge, skills, and abilities, with appropriate education and substantial experience in the field of aging and rehabilitative services. He shall be appointed by the Governor, subject to confirmation by the General Assembly, to serve at the pleasure of the Governor for a term coincident with that of the Governor.

B. In cooperation with the Commonwealth Council on Aging, the Commissioner shall serve as the Governor's principal advisor on aging issues and shall recommend to the Governor and the General Assembly such policies, legislation, and other actions appropriate to meet the needs of an aging society and to improve aging services in the Commonwealth. In addition, the Commissioner shall serve as Special Assistant to the Governor for Aging Policy and shall report directly to the Governor as necessary on aging policies.

Code 1950, §§ 2.1-579, 22-330.4:2; 1978, c. 635; 1980, c. 559; 1982, c. 12; 1984, c. 720; 1985, c. 421, §§ 51.01-13, 51.5-13; 2012, cc. 803, 835.
Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 14 (DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES)
§ 51.5-132. Commissioner to establish regulations regarding human research.
The Commissioner shall promulgate regulations pursuant to the Administrative Process Act (§ 2.2-4000 et seq.) to effectuate the provisions of Chapter 5.1 (§ 32.1-162.16 et seq.) of Title 32.1 for human research, as defined in § 32.1-162.16, to be conducted or authorized by the Department, any area agency on aging, any sheltered workshop, any independent living center, or the Wilson Workforce and Rehabilitation Center. The regulations shall require the human research review committee, as provided in § 32.1-162.19, to submit to the Governor, the General Assembly, and the Commissioner or his designee, at least annually, a report on the human research projects reviewed and approved by the committee and shall require the committee to report any significant deviations from the proposals as approved.

2003, cc. 57, 73, § 51.5-14.01; 2012, cc. 803, 835; 2015, c. 542; 2020, c. 728.

Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 14 (DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES)
§ 51.5-133. Cooperation with local authorities.
The Commissioner shall assist and cooperate with local authorities in the administration of this chapter. He shall encourage and direct the training of all personnel of local boards and local departments engaged in the administration of any adult services or adult protective services program within the purview of this chapter. The Commissioner shall collect and publish statistics and such other data as may be deemed of value in assisting public authorities and agencies of the Commonwealth in improving the care of older Virginians and persons with disabilities. The Commissioner shall also, in his discretion, initiate and conduct conferences designed to accomplish such ends and to further coordination of effort in this field.

2012, cc. 803, 835.
Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 14 (DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES)
§ 51.5-134. Definitions.
As used in this article, unless the context requires a different meaning:

"Access services" means care coordination; care transitions; communication, referral, information, and assistance; options counseling; transportation; and assisted transportation.

"Aging services" means access services, Care Coordination for Elderly Virginians, caregiver services, client services, disease prevention and health promotion services, in-home services, legal assistance, nutrition services, and elder abuse prevention services that are supported with federal and state funds.

"Caregiver services" means counseling services, including individual counseling, support groups, and caregiver training; respite services, including institutional respite and direct respite services; and supplemental services.

"Client services" means emergency services, employment services pursuant to Title III of the Older Americans Act, 42 U.S.C. § 3001 et seq., as amended, health education and screening, long-term care coordinating activities, medication management, money management, public information and education, socialization and recreation, and volunteer programs.

"Economic need" means the need resulting from an income level at or below the poverty line.

"In-home services" means adult day care, checking, chore, homemaker, personal care, and residential repair and renovation services.

"Long-term care" means any service, care, or item, including a disease prevention and health promotion service, an in-home service, and a case management service that is (i) intended to assist individuals in coping with, and to the extent practicable in compensating for, a functional impairment in carrying out activities of daily living; (ii) furnished at home, in a community care setting, or in a long-term care facility; and (iii) not furnished to prevent, diagnose, treat, or cure a medical disease or condition.

"Long-term care ombudsman program" means the program established in Article 13 (§ 51.5-182 et seq.).

"Nutrition services" means congregate and home-delivered nutrition services.

"Social need" means the need caused by noneconomic factors, including (i) physical and mental disabilities, which include developmental disabilities and human immunodeficiency virus; (ii) language barriers; and (iii) cultural, social, or geographic isolation, including that which is related to a history of discrimination for factors such as racial or ethnic status, gender identity, gender expression, or sexual orientation that can affect an individual's ability to perform normal daily tasks or threatens such individual's capacity to live independently.

2012, cc. 476, 507, 803, 835; 2020, c. 728; 2021, Sp. Sess. I, cc. 299, 300.
Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 14 (DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES)
§ 51.5-137. Administrative responsibilities of Department regarding aging services.
The Department shall have the following responsibilities regarding aging services in the Commonwealth:

1. Develop appropriate fiscal and administrative controls over aging services in the Commonwealth;

2. Develop a state long-term care plan to guide the coordination and delivery of aging services. The plan shall ensure the development of a continuum of aging services for older persons in need of services;

3. Identify and assure the equitable statewide distribution of resources for aging services; and

4. Perform ongoing evaluations of the cost-effective utilization of aging services.

2012, cc. 803, 835; 2020, c. 728.

Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 14 (DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES)
§ 51.5-138. Coordination of local aging services and long-term care by localities.
The governing body of each county or city, or a combination thereof, may designate a lead agency and member agencies to accomplish the coordination of local aging services and long-term care. If established, the agencies may establish a long-term care coordination committee composed of, but not limited to, representatives of each agency. The coordination committee may guide the coordination and administration of aging services and long-term care in the locality. The membership of the coordination committee may include, but is not limited to, representatives of the local department of public health, the local department of social services, the community services board or community mental health clinic, the area agency on aging, the local nursing home pre-admission screening team, and representatives of housing, transportation, and other appropriate local organizations that provide long-term care. A plan may be implemented that ensures the cost-effective utilization of all funds available for aging services and long-term care in the locality. Localities are encouraged to provide services and supports within each category of service in the continuum and to allow one person to deliver multiple aging services, when possible.

1982, c. 346, § 2.1-373.7; 2001, c. 844, § 2.2-708; 2008, cc. 391, 419; 2010, cc. 411, 801; 2012, cc. 803, 835; 2020, c. 728.

Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 14 (DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES)
§ 51.5-139. Repealed.
Repealed by Acts 2020, c. 728, cl. 2.

Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 14 (DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES)
§ 51.5-143. Powers and duties of Department relating to universal design and visitability features.
The Department shall publicize guidelines on universal design and visitability features to make structures and dwellings accessible for older Virginians and people who develop mobility impairment. Such guidelines shall be disseminated to the public and posted on the Department's website.

2012, cc. 803, 835.
Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 14 (DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES)
§ 51.5-144. Definitions.
As used in this article, unless the context requires a different meaning:

"Adult" means an individual who is 18 years of age or older, or under the age of 18 years if legally emancipated.

"Adult foster care" means room and board, supervision, and special services to an adult who has a physical or mental condition. Adult foster care may be provided by a single provider for up to three adults.

"Adult services" means services that are provided by local departments of social services to an adult with an impairment.

"Adult with an impairment" means an adult whose physical or mental capacity is diminished to the extent that he needs counseling or supervisory assistance or assistance with activities of daily living or instrumental activities of daily living.

2012, cc. 803, 835.

Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 14 (DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES)
§ 51.5-145. Responsibility of the Department for adult services.
The Department shall have responsibility for the planning and oversight of adult services in the Commonwealth. Services shall be delivered by local departments of social services, as set out in Article 1 (§ 63.2-1600 et seq.) of Chapter 16 of Title 63.2, and pursuant to regulations and subject to the oversight of the Commissioner.

2012, cc. 803, 835.

Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 14 (DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES)
§ 51.5-146. Adult services.
Adult services provided by the Department together with local departments of social services shall include:

1. Home-based services, including homemaker, companion, or chore services, which will allow individuals to attain or maintain self-care and are likely to prevent or reduce dependency, to the extent that federal or state matching funds are made available for such purpose;

2. Adult foster care, including recruitment, approval, and supervision of adult foster care homes;

3. Participation in nursing home pre-admission screenings of all individuals pursuant to § 32.1-330;

4. Provision of assisted living facility assessments of residents and applicants pursuant to § 63.2-1804;

5. Participation in long-term care service coordination pursuant to § 51.5-138;

6. Provision of social services or public assistance as defined in § 63.2-100, as appropriate, to consumers discharged from state hospitals or training centers pursuant to §§ 37.2-505 and 37.2-837; and

7. Participation in such other services or programs as may be required pursuant to state or federal law.

2012, cc. 803, 835.
Code of Virginia — Title 51.5 (Persons with Disabilities), Chapter 14 (DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES)
§ 51.5-147. Appeal to Commissioner regarding home-based and adult foster care services.
Any applicant for or recipient of home-based and adult foster care services aggrieved by any decision of a local board in granting, denying, changing, or discontinuing services may, within 30 days after receiving written notice of such decision, appeal therefrom to the Commissioner. Any applicant or recipient aggrieved by the failure of the local board to make a decision within a reasonable time may ask for review by the Commissioner. The Commissioner may delegate the duty and authority to duly qualified hearing officers to consider and make determinations on any appeal or review. The Commissioner shall provide an opportunity for a hearing, reasonable notice of which shall be given in writing to the applicant or recipient and to the proper local board in such manner and form as the Commissioner may prescribe. The Commissioner may make or cause to be made an investigation of the facts. The Commissioner shall give fair and impartial consideration to the testimony of witnesses, or other evidence produced at the hearing, reports of investigation of the local board and local director or of investigations made or caused to be made by the Commissioner, or any facts which the Commissioner may deem proper to enable him to decide fairly the appeal or review. The decision of the Commissioner shall be binding and considered a final agency action for purposes of judicial review of such action pursuant to the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).

2012, cc. 803, 835.