Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 120 - ADULT SERVICES APPROVED PROVIDERS › Section 22VAC30-120-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this chapter shall
				  have the following meanings unless the context clearly indicates
				  otherwise:
"Activities of daily living" or "ADLs" means bathing,
				  dressing, toileting, transferring, bowel control, bladder control and
				  eating/feeding. A person's degree of independence in performing these
				  activities is part of determining the appropriate level of care and
				  services.
"Adult" means any individual 18 years of age or older, or
				  younger than 18 if legally emancipated.
"Adult abuse" means the willful infliction of physical pain,
				  injury or mental anguish or unreasonable confinement of an adult as defined in
				  § 63.2-1603 of the Code of Virginia.
"Adult exploitation" means the illegal, unauthorized,
				  improper, or fraudulent use of an adult as defined in § 63.2-1603 or the
				  adult's funds, property, benefits, resources, or other assets for another's
				  profit, benefit, or advantage, including a caregiver or person serving in a
				  fiduciary capacity, or that deprives the adult of his rightful use of or access
				  to such fund, property, benefits resources, or other assets. "Adult
				  exploitation" includes (i) an intentional breach of a fiduciary obligation to
				  an adult to the adult's detriment or an intentional failure to use the
				  financial resources of an adult in a manner that results in the neglect of such
				  adult; (ii) the acquisition, possession, or control of an adult's financial
				  resources or property through the use of undue influence, coercion, or duress;
				  and (iii) forcing or coercing an adult to pay for goods or services or perform
				  services against the adult's will for another's profit, benefit, or advantage
				  if the adult did not agree or was tricked, misled, or defrauded into agreeing,
				  to pay for such goods or services or perform such services.
"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 foster care provider" means a provider who gives room
				  and board, supervision, and special services in the provider's own home to an
				  adult with a physical or mental condition. Adult foster care may be provided by
				  a single provider for up to three adults. Care provided for more than three
				  adults requires licensure as an assisted living facility by the Virginia
				  Department of Social Services.
"Adult neglect" means that an adult as defined in §
				  63.2-1603 is living under such circumstances that the adult is not able to
				  provide for himself or is not being provided services necessary to maintain the
				  adult's physical and mental health and that the failure to receive such
				  necessary services impairs or threatens to impair the adult's well-being.
				  However, no adult shall be considered neglected solely on the basis that such
				  adult is receiving religious nonmedical treatment or religious nonmedical
				  nursing care in lieu of medical care, provided that such treatment or care is
				  performed in good faith and in accordance with the religious practices of the
				  adult, and there is a written or oral expression of consent by that
				  adult.
"Assistant" means any individual who is responsible to assist
				  an approved provider in caring for adults. Assistants shall meet the standards
				  set forth in this chapter.
"Chore provider" means a provider who performs nonroutine,
				  heavy home maintenance tasks for adults, including minor repair work on
				  furniture and appliances in the adult's home; carrying coal, wood, or water;
				  chopping wood; removing snow; yard maintenance; and painting.
"Companion provider" means a provider who assists adults with
				  activities such as light housekeeping, companionship, shopping, meal
				  preparation, transportation, laundry, money management, and ADLs.
"Department" means the Virginia Department for Aging and
				  Rehabilitative Services.
"Health care professional" means a physician or other health
				  care practitioner licensed, accredited, or certified to perform specific health
				  care services consistent with the laws of the Commonwealth.
"Homemaker provider" means a provider who gives instruction
				  in or, where appropriate, performs activities such as personal care, household
				  management, household maintenance, nutrition, consumer or hygiene
				  education.
"In-home provider" means an individual who provides care in
				  the home of the adult. In-home providers are companion, chore, and homemaker
				  providers.
"Instrumental activities of daily living" or "IADLs" means
				  meal preparation, light housekeeping, shopping, money management, laundry,
				  using the telephone, and home maintenance. An adult's degree of independence in
				  performing these activities is part of determining an adult's service
				  needs.
"Local department" means the local department of social
				  services of any county or city in this Commonwealth.
"Local department-approved provider" means a provider that is
				  not subject to licensure by the Virginia Department of Health and is approved
				  by a local department to provide in-home or adult foster care services to
				  adults.
"Personal care services" means the provision of nonskilled
				  services to the adult, including ADLs, and may include IADLs, to maintain the
				  adult safely in the adult's home.
"Personal toiletries" means hygiene items provided to the
				  individual by the adult foster care provider, including deodorant, razor,
				  shaving cream, shampoo, soap, toothbrush, and toothpaste.
"Responsible person" means an individual who is authorized by
				  state law to make decisions concerning the adult and to receive information
				  about the adult.
"Significant change" means a change in an adult's condition
				  that is expected to last longer than 30 calendar days. It does not include
				  short-term changes that resolve with or without intervention, a short-term
				  acute illness or episodic event, or a well-established, predictive, cyclic
				  pattern of clinical signs and symptoms associated with a previously diagnosed
				  condition for which an appropriate course of treatment is in
				  progress.
Statutory Authority: § 51.5-131 of the Code of
					 Virginia.