reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 80 - AUXILIARY GRANTS PROGRAM › Section 22VAC30-80-20 - Assessment

Current through Register Vol. 40, No. 24, July 15, 2024
A. In order to
				receive payment from the AG for care in an ALF or an AFC home, an individual
				applying for AG shall have been assessed by a qualified assessor using the UAI
				in accordance with 22VAC30-110 and determined to need residential or assisted
				living care or AFC.
B. As a
				condition of eligibility for the AG, a UAI shall be completed on an individual
				prior to admission, except for an emergency placement as documented and
				approved by a Virginia adult protective services worker; at least once
				annually; and whenever there is a significant change in the individual's level
				of care, and a determination is made that the individual needs residential or
				assisted living care in an ALF, AFC home, or SH setting.
C. The ALF, AFC, or SH provider is prohibited
				from charging a security deposit or any other form of compensation for
				providing a room and services to the individual. The collection or receipt of
				money, gift, donation or other consideration from or on behalf of an individual
				for any services provided is prohibited.
D. In order to receive payment from the AG
				for care in the SH setting, an individual shall be evaluated by a qualified
				assessor in accordance with §
									51.5-160E
				of the Code of Virginia. Eligible individuals shall be notified of the SH
				setting option and the availability of approved SH providers at the time of
				their first assessment and annual level of care assessment. The individual may
				select, subject to availability, SH or ALF at any time after the first
				assessment or any subsequent annual reassessment as long as the individual
				meets the criteria for residential or assisted living level of care.
Statutory Authority: §§
											51.5-131
					 and
					 51.5-160
					 of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 80 - AUXILIARY GRANTS PROGRAM › Section 22VAC30-80-30 - Basic services in an assisted living facility or an adult foster care home

Current through Register Vol. 40, No. 24, July 15, 2024
A. The rate
				established under the AG for the ALF setting shall cover the following
				services:
1. Room and board.
a. A furnished room in accordance with
				22VAC40-73-750;
b. Housekeeping
				services based on the needs of the individual;
c. Meals and snacks provided in accordance
				with 22VAC40-73-590, including food service, nutrition, number and timing of
				meals, observance of religious dietary practices, special diets, menus for
				meals and snacks, and emergency food and water. A minimum of three
				well-balanced meals shall be provided each day. When a diet is prescribed for
				an individual by his physician, it shall be prepared and served according to
				the physician's orders. Basic and bedtime snacks shall be made available for
				all individuals desiring them and shall be listed on the daily menu. Unless
				otherwise ordered in writing by the individual's physician, the daily menu,
				including snacks, for each individual shall meet the guidelines of the U.S.
				Department of Agriculture's Food guidance system or the dietary allowances of
				the Food and Nutritional Board of the National Academy of Sciences, taking into
				consideration the age, sex, and activity of the resident. Second servings shall
				be provided, if requested, at no additional charge. At least one meal each day
				shall include a hot main dish; and
d. Clean bed linens and towels as needed by
				the individual and at least once a week.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 80 - AUXILIARY GRANTS PROGRAM › Section 22VAC30-80-35 - Basic services in supportive housing settings

Current through Register Vol. 40, No. 24, July 15, 2024
A. The rate established under the AG for SH,
				as defined in
				22VAC30-80-10, shall
				cover a residential setting with access to SH services that include:
1. Development of individualized SH service
				plans;
2. Access to skills
				training;
3. Assistance with
				accessing available community-based services and supports;
4. Initial identification and ongoing review
				of the level of care needs; and
5.
				Ongoing monitoring of services described in the individual's individualized SH
				plan.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 80 - AUXILIARY GRANTS PROGRAM › Section 22VAC30-80-40 - Personal needs allowance

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				personal needs allowance is included in the monthly AG payment to the
				individual and must be used by or on behalf of the individual for personal
				items. These funds shall not be commingled with the funds of the provider and
				shall be maintained in a separate bank account or given directly to the
				individual or authorized representative. The personal needs allowance shall not
				be charged by the provider for any item or service not requested by the
				individual. The provider shall not require an individual or his authorized
				representative to request any item or service as a condition of admission or
				continued stay. The provider must inform the individual or his authorized
				representative of a charge for any requested item or service not covered under
				the AG and the amount of the charge. The personal needs allowance is expected
				to cover the cost of the following items and services:
1. Clothing;
2. Personal toiletries not included in those
				to be provided by the provider or if the individual requests a specific type or
				brand of toiletry;
3. Personal
				items including tobacco products, sodas, and snacks beyond those required in
				subdivision 1 c of
				22VAC30-80-30.
4. Hair care services;
5. Over-the-counter medication, medical
				copayments and deductibles, insurance premiums;
6. Other needs such as postage stamps, dry
				cleaning, laundry, direct bank charges, personal transportation, and long
				distance telephone calls;
7.
				Personal telephone, television, or radio;
8. Social events and entertainment offered
				outside the scope of the activities program; and
9. Other items agreed upon by both parties
				except those listed in subsection B of this section.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 80 - AUXILIARY GRANTS PROGRAM › Section 22VAC30-80-45 - Conditions of participation in the program

Current through Register Vol. 40, No. 24, July 15, 2024
A. Provider agreement for ALF.
1. As a condition of participation in the AG,
				the ALF provider is required to complete and submit to the department a signed
				provider agreement as stipulated in this section. The agreement is to be
				submitted prior to the ALF accepting AG payment for qualified individuals. A
				copy of the ALF's current license must be submitted with the provider
				agreement.
2. The ALF provider
				shall agree to the following conditions in the provider agreement to
				participate in the AG:
a. Provide services in
				accordance with all laws, regulations, policies, and procedures that govern the
				provision of services in the facility;
b. Submit an annual certification form by
				October 1 of each year;
c. Care for
				individuals with AG in accordance with the requirements in this chapter at the
				current established rate;
d.
				Refrain from charging the individual, his family, or his authorized personal
				representative a security deposit or any other form of compensation as a
				condition of admission or continued stay in the facility;
e. Accept the established rate as payment in
				full for services rendered;
f.
				Account for the personal needs allowances in a separate bank account and apart
				from other facility funds and issue a statement to each individual regarding
				his account balance that includes any payments deposited or withdrawn during
				the previous calendar month;
g.
				Provide a 60-day written notice to the regional licensing office in the event
				of the facility's closure or ownership change;
h. Provide written notification of the date
				and place of an individual's discharge or the date of an individual's death to
				the local department of social services determining the individual's AG
				eligibility and to the qualified assessor within 10 days of the individual's
				discharge or death; and
i. Return
				to the local department of social services determining the individual's AG
				eligibility, all AG funds received after the death or discharge date of an
				individual in the facility.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 80 - AUXILIARY GRANTS PROGRAM › Section 22VAC30-80-50 - Establishment of rate

Current through Register Vol. 40, No. 24, July 15, 2024
The established rate for individuals authorized to reside in
				  an ALF , an AFC, or a supportive housing setting is the established rate as set
				  forth in the appropriation act or as set forth by changes in the federal
				  maintenance of effort formula. The AG payment is determined by adding the rate
				  plus the personal needs allowance minus the individual's countable income. The
				  effective date is the date of the individual's approval for AG by the local
				  department of social services.
Statutory Authority: §§
											51.5-131
					 and
					 51.5-160
					 of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 80 - AUXILIARY GRANTS PROGRAM › Section 22VAC30-80-60 - Reimbursement

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any payments
				contributed toward the cost of basic services as defined in
				22VAC30-80-30 and
				22VAC30-80-35 pending AG eligibility determination shall be reimbursed to the
				individual or contributing party by the ALF , AFC, or SH provider once
				eligibility for AG is established and that payment received. The payment shall
				be made payable to the individual, who will then reimburse the appropriate
				providers for basic services. If the individual is not capable of managing his
				finances, his authorized representative or authorized payee is responsible for
				reimbursing the provider.
B. In the
				event an ALF is closed, the facility shall prorate the rate up to the date of
				the individual's discharge and return the balance of the AG to the local
				department of social services that determined the individual's eligibility for
				the AG. If the facility maintained the individual's personal needs allowance,
				the facility shall provide a final accounting of the individual's personal
				needs allowance account within 60 days of the individual's discharge.
				Verification of the accounting and of the reimbursement to the individual shall
				be sent to the case management agency responsible for the individual's annual
				reassessment. In the event of the individual's death, the provider shall give
				to the individual's authorized representative a final accounting of the
				individual's funds within 60 calendar days of the event. All AG funds received
				after the death or discharge date shall be returned to the local department of
				social services responsible for determining the individual's AG eligibility as
				soon as practicable.
C. Providers
				who do not comply with the requirements of this chapter may be subject to
				adverse action, which may include suspension of new AG admissions or
				termination of provider agreements.
Statutory Authority: §§
											51.5-131
					 and
					 51.5-160
					 of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 80 - AUXILIARY GRANTS PROGRAM › Section 22VAC30-80-70 - Certification and record requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. ALF and SH providers shall submit to the
				department an annual certification form by October 1 of each year for the
				preceding state fiscal year. The certification shall include the following:
(i) identifying information about the
				provider,
(ii) census information
				including a list of individuals who resided in the facility or SH setting and
				received AG during the reporting period, and
(iii) personal needs allowance accounting
				information if such personal needs accounting information is required by the
				setting. If a provider fails to submit an annual certification form, the
				provider will not be authorized to accept additional individuals with
				AG.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 80 - AUXILIARY GRANTS PROGRAM › Section 22VAC30-80-80 - Foreign government restitution payments to Holocaust survivors

Current through Register Vol. 40, No. 24, July 15, 2024
The value of foreign government restitution payments made to
				  Holocaust survivors on or after August 1, 1994, shall be disregarded in the
				  determination of eligibility or amount of assistance for the Auxiliary Grants
				  Program as defined in §
									51.5-160 of the Code of
				  Virginia.
Statutory Authority: §§
											51.5-131 and
					 51.5-160 of the Code of
					 Virginia; § 416-2001 of Title XX of the Social Security
					 Act.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 80 - AUXILIARY GRANTS PROGRAM › Form - FORMS (22VAC30-80)

Current through Register Vol. 40, No. 24, July 15, 2024
Auxiliary
				  Grant Provider Agreement, 032-02-0747-08 (rev. 8/2019)
Auxiliary
				  Grant Certification, 032-02-0745-14-eng (rev. 6/2021)
Auxiliary
				  Grant Program Statement of Virginia Residency and Intent to Remain in Virginia,
				  032-02-0749-01-eng (rev. 5/2018)
Auxiliary
				  Grant Certification - Supportive Housing, 032-15-0012-04-eng (rev.
				  8/2021)
Statutory Authority: §§
											51.5-131
					 and
					 51.5-160
					 of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 100 - ADULT PROTECTIVE SERVICES › Section 22VAC30-100-15 - Mandated reporters

Current through Register Vol. 40, No. 24, July 15, 2024
Reports shall be made forthwith by the following persons
				  acting in their professional capacity upon their suspicion that adult abuse,
				  neglect or exploitation has occurred:
1. Any person licensed, certified, or
				registered by health regulatory boards listed in § 54.1-2503 of the Code
				of Virginia, with the exception of persons licensed by the Board of Veterinary
				Medicine;
2. Any mental health
				services provider as defined in § 54.1-2400.1 of the Code of Virginia;
3. Any emergency medical services
				personnel certified by the Board of Health pursuant to § 32.1-111.5 of the
				Code of Virginia, unless such personnel immediately reports the suspected
				abuse, neglect, or exploitation directly to the attending physician at the
				hospital to which the adult is transported, who shall make such report
				forthwith;
4. Any guardian or
				conservator of an adult;
5. Any
				person employed by or contracted with a public or private agency or facility
				and working with adults in an administrative, supportive or direct care
				capacity;
6. Any person providing
				full, intermittent or occasional care to an adult for compensation including,
				but not limited to, companion, chore, homemaker, and personal care workers;
7. Any law-enforcement officer;
				and
8. Medical facilities
				inspectors of the Department of Health. However, medical facilities inspectors
				are exempt from reporting suspected abuse immediately while conducting federal
				inspection surveys in accordance with Title XVIII (§ 1846) and Title XIX
				of the Social Security Act, as amended, of certified nursing facilities as
				defined in § 32.1-123 of the Code of Virginia. Findings of adult abuse,
				neglect or exploitation by a medical facilities inspector shall be made known
				to adult protective services after the exit conference at the facility so that
				the local department can provide follow up to facility residents who may be at
				risk of further abuse, neglect or exploitation.
Statutory Authority: § 51.5-131 of the Code of
					 Virginia; 42 USC § 1397(3).
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 100 - ADULT PROTECTIVE SERVICES › Section 22VAC30-100-20 - Adult protective services intake and investigation

Current through Register Vol. 40, No. 24, July 15, 2024
A. This section establishes the process for
				APS intake and investigation and provides priority to situations that are most
				critical.
B. All reports shall be
				entered into the APS case management information system within 48 hours of its
				receipt by the local department.
C.
				The local department shall determine if the report is valid by evaluating the
				information and allegations in the report. A report is valid if all of the
				following elements are present:
1. The alleged
				adult victim is 60 years of age or older or is 18 years of age or older and is
				incapacitated;
2. There is a
				specific adult with enough identifying information to locate the
				adult;
3. Circumstances allege
				abuse, neglect, or exploitation or risk of abuse, neglect, or exploitation;
				and
4. The local department
				receiving the report is the local department of jurisdiction as described in
				this section.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 100 - ADULT PROTECTIVE SERVICES › Section 22VAC30-100-30

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§
											51.5-131
					 and
					 51.5-148
					 of the Code of Virginia;
					 42 USC §
												1397(3).
Statutory Authority: § 51.5-131 of the Code of
					 Virginia; 42 USC § 1397(3).
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 100 - ADULT PROTECTIVE SERVICES › Section 22VAC30-100-40 - Adult protective services disposition

Current through Register Vol. 40, No. 24, July 15, 2024
A. After investigating the report, the local
				department shall review and evaluate the facts collected and make a disposition
				as to whether the adult is in need of protective services and, if so, what
				services are needed.
B. The
				disposition that the adult needs protective services shall be based on the
				preponderance of evidence that abuse, neglect, or exploitation has occurred or
				that the adult is at risk of abuse, neglect, or exploitation. The local
				department may be unable to determine the identity of the alleged perpetrator
				but the inability to determine the identity of the alleged perpetrator shall
				not prohibit the local department from issuing a disposition reflecting the
				need for protective services.
C.
				Possible dispositions.
1. Needs protective
				services and accepts. This disposition shall be used when:
a. A review of the facts shows a
				preponderance of evidence that adult abuse, neglect, or exploitation has
				occurred or is occurring; and
(1) The adult
				consents to receive services pursuant to § 63.2-1610 of the Code of
				Virginia; or
(2) Involuntary
				protective services are ordered by a court pursuant to § 63.2-1609 or
				Article 1 (§ 64.2-2000 et seq.) of Chapter 20 of Title 64.2 of the Code of
				Virginia; or
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 100 - ADULT PROTECTIVE SERVICES › Section 22VAC30-100-45 - Right to review

Current through Register Vol. 40, No. 24, July 15, 2024
A. Right to
				review is the process by which the alleged perpetrator may request a hearing to
				amend the record when the investigation has resulted in a disposition that the
				local department has communicated to a licensing, regulatory, or legal
				authority.
B. A written request for
				an informal hearing with the local department must be received by the local
				department within 30 calendar days of the date of the local department's
				written notification that meets the requirements of
				22VAC30-100-40
				F to be deemed timely.
C. The local
				department shall conduct an informal hearing within 30 calendar days of
				receiving the written request for an informal hearing.
D. The director shall preside over the
				informal hearing. Except for the director, no person whose regular duties
				include substantial involvement with the local department's adult abuse,
				neglect, or exploitation investigations shall preside over the
				hearing.
E. The alleged perpetrator
				may be represented by counsel. The alleged perpetrator shall be entitled to
				present the testimony of witnesses, documents, factual data, arguments, or
				other submissions of proof.
F. The
				director shall have the authority to sustain, amend, or reverse the findings of
				the investigation or the disposition.
G. The director shall notify the alleged
				perpetrator, in writing, of the results of the informal hearing within 30
				calendar days of the date of the hearing. The decision of the director shall be
				final. The results of the informal hearing shall be mailed, certified with
				return receipt, to the alleged perpetrator. A copy of the final decision shall
				be mailed to the appropriate licensing, regulatory, or legal
				authority.
H. If the director
				reverses the identification of the alleged perpetrator, the local department
				shall continue to offer services to the adult if the disposition remains needs
				protective services and accepts.
I.
				All written findings and actions of the local department or its director,
				including the decision of the director at the conclusion of the review, are
				final and shall not be (i) appealable to the Commissioner for Aging and
				Rehabilitative Services or (ii) considered a final agency action for purposes
				of judicial review pursuant to the provisions of the Administrative Process Act
				(§
									2.2-4000 et
				seq. of the Code of Virginia).
Statutory Authority: §§
											51.5-131
					 and
					 51.5-148
					 of the Code of Virginia;
					 42 USC §
												1397(3).
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 100 - ADULT PROTECTIVE SERVICES › Section 22VAC30-100-50 - Disclosure of adult protective services information

Current through Register Vol. 40, No. 24, July 15, 2024
A. This chapter describes the protection of
				confidential information including a description of when such information shall
				be disclosed, when such disclosure of the information is at the discretion of
				the local department, what information may be disclosed, and the procedure for
				disclosing the information.
B.
				Department staff having legitimate interest shall have regular access to APS
				records maintained by the local department.
C. The following agencies have licensing,
				regulatory, and legal authority for administrative action or criminal
				investigations, and they have a legitimate interest in confidential information
				when such information is relevant and reasonably necessary for the fulfillment
				of their licensing, regulatory, and legal responsibilities:
1. Department of Behavioral Health and
				Developmental Services;
2.
				disability Law Center of Virginia;
3. Office of the Attorney General, including
				the Medicaid Fraud Control Program;
4. Department for Aging and Rehabilitative
				Services;
5. Department of Health,
				including the Office of Licensure and Certification and the Office of the Chief
				Medical Examiner;
6. Department of
				Medical Assistance Services;
7.
				Department of Health Professions;
8. Department for the Blind and Vision
				Impaired;
9. Department of Social
				Services, including the Division of Licensing Programs;
10. The Office of the State Long-Term Care
				Ombudsman and local ombudsman;
11.
				Law-enforcement agencies;
12.
				Medical examiners;
13. Adult
				fatality review teams;
14.
				Commonwealth's attorneys; and
15.
				Any other entity deemed appropriate by the commissioner or director that
				demonstrates a legitimate interest.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 100 - ADULT PROTECTIVE SERVICES › Section 22VAC30-100-60 - Opening a case for service provision

Current through Register Vol. 40, No. 24, July 15, 2024
A. The local department shall offer a range
				of services to the adult when the disposition is needs protective services and
				accepts as defined in
				22VAC30-100-40.
B. Application for services.
1. The local department shall obtain an
				application when the disposition is needs protective services and
				accepts.
2. Representatives who may
				complete and sign an application on behalf of an adult who needs protective
				services include:
a. The adult's legally
				appointed guardian or conservator;
b. The adult's responsible person;
				or
c. The local
				department.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 100 - ADULT PROTECTIVE SERVICES › Section 22VAC30-100-70 - Civil penalty for nonreporting

Current through Register Vol. 40, No. 24, July 15, 2024
A. The commissioner may impose civil
				penalties when it is determined that a mandated reporter failed to report
				suspected adult abuse, neglect, or exploitation pursuant to §
									63.2-1606
				of the Code of Virginia.
B. Civil
				penalties for law-enforcement officers shall be determined by a court of
				competent jurisdiction, at its discretion.
Statutory Authority: §§
											51.5-131
					 and
					 51.5-148
					 of the Code of Virginia;
					 42 USC §
												1397(3).
Statutory Authority: § 51.5-131 of the Code of
					 Virginia; 42 USC § 1397(3).
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 100 - ADULT PROTECTIVE SERVICES › Section 22VAC30-100-80 - Imposition of civil penalty

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Local department review and recommendation.
1.
				When a director determines that a mandated reporter failed to report as
				required by §
										63.2-1606
				of the Code of Virginia, the director shall prepare a written statement of fact
				on a form provided by the department concerning the mandated reporter's failure
				to report. The director also shall prepare a letter notifying the mandated
				reporter of the intent to request imposition of a civil penalty. The letter
				shall state the mandated reporter's right to submit a written statement to the
				commissioner concerning the mandated reporter's failure to report. The date of
				the director's notification shall be the date of the letter to the mandated
				reporter. Any supporting documentation that the director considered in
				requesting the imposition of a civil penalty shall be provided to the mandated
				reporter. The letter, statement of facts, and any supporting documentation that
				the director considered in requesting the imposition of a civil penalty shall
				be sent to the mandated reporter by registered or certified mail, return
				receipt requested.
2. At such time
				as the letter required under subdivision 1 of this subsection is sent, the
				director shall send a letter to the commissioner requesting the imposition of a
				civil penalty on the mandated reporter for failure to report. The statement of
				fact and the letter to the mandated reporter shall accompany the letter to the
				commissioner. Any supporting documentation that the director considered in
				requesting the imposition of a civil penalty shall be provided to the
				commissioner.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 110 - ASSESSMENT IN ASSISTED LIVING FACILITIES › Part II - Assessment Services › Section 22VAC30-110-20 - Individuals to be assessed

Current through Register Vol. 40, No. 24, July 15, 2024
A. All
				  individuals applying to or residing in an ALF shall be assessed face-to-face
				  using the UAI prior to admission, at least annually, and whenever there is a
				  significant change in the individual's condition.
1. When the qualified assessor or case
				  manager and individual are unable to be in the same physical space to conduct
				  an assessment due to the individual's location in another state or due to
				  hazardous travel conditions for the qualified assessor or case manager, the use
				  of video conferencing to conduct the assessment shall be permitted.
2. The appropriate qualified assessor or case
				  manager shall review the assessment with the adult within seven working days of
				  admission to the ALF to ensure all assessment information is
				  accurate.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 110 - ASSESSMENT IN ASSISTED LIVING FACILITIES › Part II - Assessment Services › Section 22VAC30-110-30 - Determination of services to be provided

Current through Register Vol. 40, No. 24, July 15, 2024
A. The assessment shall be conducted using
				  the UAI. The UAI is comprised of a short assessment and a full assessment. The
				  short assessment is designed to briefly assess the individual's need for
				  appropriate level of care and services and to determine if a full assessment is
				  needed.
B. The following sections
				  of the UAI shall be completed as follows:
1.
				  For private pay individuals, the assessment shall include sections related to
				  identification and background, functional status, which includes ADLs,
				  continence, ambulation, IADLs, medication administration, and behavior pattern.
				  The private pay or public pay UAI may be used.
2. For public pay individuals, the short form
				  of the UAI shall be completed. The short form consists of sections related to
				  identification and background, and functional status (i.e., the first four
				  pages of the UAI), plus sections on medication administration, and behavior
				  pattern. If, upon assessment, it is determined that the individual is dependent
				  in at least two ADLs or is dependent in behavior, then the full assessment
				  shall be completed.
3. For private
				  pay and public pay individuals, the prohibited conditions section shall be
				  completed.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 110 - ASSESSMENT IN ASSISTED LIVING FACILITIES › Part II - Assessment Services › Section 22VAC30-110-40 - Discharge

Current through Register Vol. 40, No. 24, July 15, 2024
A. ALF staff shall
				  assist the individual and the individual's legal representative in the
				  discharge or transfer process. For public pay individuals, ALF staff shall
				  provide written notification of the individual's date and place of discharge or
				  of the individual's death to the local department benefits worker in the
				  jurisdiction responsible for authorizing the auxiliary grant and the qualified
				  assessor or case manager who conducted the most recent assessment. The ALF
				  shall make these notifications at least 14 calendar days prior to the
				  individual's planned discharge or within five calendar days after the
				  individual's death. In the event of an emergency discharge as specified in
				  22VAC40-73-430,
				  the notification shall be made as rapidly as possible, but must be made by
				  close of the day following the emergency discharge.
B. Upon issuing a notice of summary order of
				  suspension to an ALF, the Commissioner of the Virginia Department of Social
				  Services or his designee shall contact the appropriate local department to
				  develop a relocation plan. Individuals residing in an ALF whose license has
				  been summarily suspended pursuant to §
										63.2-1709
				  of the Code of Virginia shall be relocated as soon as possible to reduce the
				  risk to their health, safety, and welfare. New assessments of the individuals
				  who are relocating are not required, pursuant to
				  22VAC30-110-30
				  D.
Statutory Authority: §§
												51.5-131
						and
						51.5-146 of the
						Code of Virginia.
Statutory Authority: § 51.5-131 of the Code of
						Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 110 - ASSESSMENT IN ASSISTED LIVING FACILITIES › Part II - Assessment Services › Section 22VAC30-110-50 - Authorization of services to be provided

Current through Register Vol. 40, No. 24, July 15, 2024
A. The qualified assessor or case manager is
				  responsible for authorizing public payment to the individual for the
				  appropriate level of care upon admission to and for continued stay in an
				  ALF.
B. The ALF staff shall be
				  knowledgeable of the criteria for level of care in an ALF and are responsible
				  for discharging the individual when the individual does not meet the criteria
				  for level of care in an ALF upon admission or at any later time.
C. The appropriate level of care shall be
				  documented on the UAI, and the UAI shall be completed in a manner consistent
				  with this chapter. The User's Manual: Virginia Uniform Assessment Instrument is
				  the department-designated handbook containing procedures that may be used in
				  completing the UAI.
D. During an
				  inspection or review, staff from the Virginia Department of Social Services or
				  the local department may initiate a change in level of care for any individual
				  residing in the ALF for whom it is determined that the UAI does not reflect the
				  individual's current status.
Statutory Authority: §§
												51.5-131
						and
						51.5-146 of the
						Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 110 - ASSESSMENT IN ASSISTED LIVING FACILITIES › Part II - Assessment Services › Section 22VAC30-110-60 - Criteria for residential living care

Current through Register Vol. 40, No. 24, July 15, 2024
Individuals shall meet the criteria for residential living
					 as documented on the UAI when at least one of the following describes their
					 functional capacity:
1. Rated
				  dependent in only one of seven ADLs (i.e., bathing, dressing, toileting,
				  transferring, bowel function, bladder function, and eating/feeding).
2. Rated dependent in one or more of four
				  selected IADLs (i.e., meal preparation, housekeeping, laundry, and money
				  management).
3. Rated dependent in
				  medication administration.
Statutory Authority: § 51.5-131 of the Code of
						Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 110 - ASSESSMENT IN ASSISTED LIVING FACILITIES › Part II - Assessment Services › Section 22VAC30-110-70 - Criteria for assisted living care

Current through Register Vol. 40, No. 24, July 15, 2024
Individuals shall meet the criteria for assisted living as
					 documented on the UAI when at least one of the following describes their
					 capacity:
1. Rated dependent in two or
				  more of seven ADLs.
2. Rated
				  dependent in behavior pattern (i.e., abusive, aggressive, and
				  disruptive).
Statutory Authority: § 51.5-131 of the Code of
						Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 110 - ASSESSMENT IN ASSISTED LIVING FACILITIES › Part II - Assessment Services › Section 22VAC30-110-80 - Rating of levels of care on the uniform assessment instrument

Current through Register Vol. 40, No. 24, July 15, 2024
A. The rating of
				  functional dependencies on the UAI shall be based on the individual's ability
				  to function in a community environment.
B. For purposes of this chapter, the
				  following abbreviations shall mean: D = dependent; and TD = totally dependent.
				  Mechanical help means equipment or a device or both are used; human help
				  includes supervision and physical assistance. Asterisks (*) denote dependence
				  in a particular function.
1. Activities of
				  daily living.
a. Bathing.
(1) Without help
(2) Mechanical help only
(3) Human help only* (D)
(4) Mechanical help and human help*
				  (D)
(5) Performed by others*
				  (TD)
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 110 - ASSESSMENT IN ASSISTED LIVING FACILITIES › Part II - Assessment Services › Section 22VAC30-110-90 - Actions to be taken upon completion of the uniform assessment instrument

Current through Register Vol. 40, No. 24, July 15, 2024
A. Actions
				  to be taken upon completion of the uniform assessment instrument for public pay
				  individuals.
1. Upon completion of the UAI for
				  initial assessment for admission, a significant change in the individual's
				  condition, or the annual reassessment, the case manager or a qualified assessor
				  shall forward to the local department benefits worker in the appropriate agency
				  of jurisdiction, in the format specified by the department, the effective date
				  of admission or change in level of care. Qualified assessors who are authorized
				  to perform the annual reassessment or a change in level of care for public pay
				  individuals are employees of (i) local departments; (ii) area agencies on
				  aging; (iii) centers for independent living; (iv) community services boards or
				  behavioral health authority; and (v) local departments of health, or an
				  independent physician who has a signed provider agreement with DMAS to conduct
				  assessments.
2. A completed copy of
				  the UAI, the referral to the local department benefits worker, and other
				  relevant data shall be maintained in the individual's record at the
				  ALF.
3. The annual reassessment
				  shall be completed by the qualified assessor or case manager conducting the
				  initial assessment. If the original assessor is neither willing nor able to
				  complete the assessment and another assessor is not available, the local
				  department where the individual resides shall be the assessor, except that
				  individuals who receive services from a community service board or behavioral
				  health authority shall be assessed and reassessed by qualified assessors
				  employed by the community services board or behavioral health
				  authority.
4. The earliest date
				  that an annual reassessment may be completed is 60 calendar days prior to the
				  annual reassessment due date.
5.
				  After the annual reassessment has been completed, if the individual still meets
				  either residential or assisted living level of care, the qualified assessor or
				  case manager shall offer the individual the choice, based on availability, of
				  housing option pursuant to §
											51.5-160
				  of the Code of Virginia.
6. The ALF
				  shall notify the community services board or behavioral health authority when
				  UAIs indicate observed behaviors or patterns of behavior indicative of mental
				  illness, intellectual disability, substance abuse, or behavioral disorders,
				  pursuant to §
											63.2-1805B
				  of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 110 - ASSESSMENT IN ASSISTED LIVING FACILITIES › Part II - Assessment Services › Section 22VAC30-110-100 - Targeted case management for individuals receiving an auxiliary grant

Current through Register Vol. 40, No. 24, July 15, 2024
A. Targeted case
				  management shall be limited to those individuals who have multiple needs across
				  multiple providers and this coordination is beyond the scope of the ALF. It
				  shall be the responsibility of the qualified assessor or case manager who
				  identifies the individual's need for residential care or assisted living care
				  in an ALF to assess the need for targeted case management as defined in
				  12VAC30-50-470.
B. A case management agency shall have signed
				  a provider agreement with DMAS to be reimbursed for the provision of targeted
				  case management for individuals receiving an auxiliary grant.
C. The local department where the individual
				  resides, following admission to an ALF, shall be the case management agency
				  when there is no other qualified case management provider willing or able to
				  provide case management.
D. A
				  qualified case manager shall possess a combination of relevant work experience
				  in human services or health care and relevant education which indicates that
				  the individual possesses the knowledge, skills, and abilities at entry level as
				  defined in
				  12VAC30-50-470.
				  This must be documented on the case manager's job application form or
				  supporting documentation. When the provider agency is a local department, case
				  managers shall meet the qualifications for family services occupational group
				  as specified in
				  22VAC40-670-20.
Statutory Authority: §§
												51.5-131
						and
						51.5-146 of the
						Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 110 - ASSESSMENT IN ASSISTED LIVING FACILITIES › Part III - Resident Appeals › Section 22VAC30-110-110 - Notifications

Current through Register Vol. 40, No. 24, July 15, 2024
Qualified assessors and case managers shall provide to all
					 public pay individuals written notice of the outcome of the assessment or the
					 annual reassessment, including a statement indicating that the local department
					 will notify the individual whether he is eligible to receive the auxiliary
					 grant. An individual who is denied an auxiliary grant because the assessor
					 determines that the individual does not meet the care needs for residential
					 level of care has the right to file an appeal with the Virginia Department of
					 Social Services under §
										63.2-517
					 of the Code of Virginia. Notification of the right to appeal will be included
					 in the notice provided by the local department. A determination that the
					 individual does not meet the criteria to receive targeted case management is an
					 action that is appealable to DMAS in accordance with the provisions of
					 12VAC30-110.
Statutory Authority: §§
												51.5-131
						and
						51.5-146 of the
						Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 110 - ASSESSMENT IN ASSISTED LIVING FACILITIES › Form - FORMS (22VAC40-745)

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia
				  Uniform Assessment Instrument for Private Pay Residents of Assisted Living
				  Facilities (rev. 1/10)
Virginia
				  Uniform Assessment Instrument, Virginia Long-Term Care Council (1994;
				  reformatted May 2000, Virginia Department of Social
				  Services)
Statutory Authority: § 51.5-131 of the Code of
					 Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 120 - ADULT SERVICES APPROVED PROVIDERS › Section 22VAC30-120-20 - Local department-approved providers

Current through Register Vol. 40, No. 24, July 15, 2024
A. This chapter
				applies to local department-approved providers and shall not apply to
				facilities or organizations licensed or regulated by the Virginia Department of
				Health. A local department shall not approve a provider that does not meet the
				standards set forth in this chapter.
B. This chapter is applicable to the
				following providers:
1. Adult foster care
				providers; and
2. In-home
				providers.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 120 - ADULT SERVICES APPROVED PROVIDERS › Section 22VAC30-120-30 - Standards for providers and other persons

Current through Register Vol. 40, No. 24, July 15, 2024
A. Age requirements
				include:
1. All local department-approved
				providers shall be at least 18 years of age.
2. Any assistant to a local
				department-approved provider shall be at least 18 years of age.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 120 - ADULT SERVICES APPROVED PROVIDERS › Section 22VAC30-120-40 - Standards of care for local department-approved providers

Current through Register Vol. 40, No. 24, July 15, 2024
A. The provider
				shall provide care that does not discriminate on the basis of race, ethnicity,
				sex, national origin, age, religion, disability, or impairment.
B. Supervision requirements include:
1. The provider shall have a plan for seeking
				assistance from police, the fire department, and medical professionals in an
				emergency.
2. A responsible adult
				or an approved assistant shall always be available to provide appropriate care
				for the adult in case of an emergency.
3. The adult foster care provider shall
				inform the local department prior to an extended absence. An extended absence
				shall be defined as greater than one calendar day. Each adult foster care
				provider shall identify to the local department a substitute provider who will
				provide care during the adult foster care provider's extended absence. Each
				substitute provider shall also meet the standards set forth in this
				chapter.
4. The provider shall
				ensure that adequate care and supervision are provided to each adult and that
				the adult's health, safety, and well-being are protected.
5. The provider shall notify the local
				department within 24 hours of any significant changes in the adult's mental or
				physical condition.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 120 - ADULT SERVICES APPROVED PROVIDERS › Section 22VAC30-120-50 - Standards for the home of the adult foster care provider

Current through Register Vol. 40, No. 24, July 15, 2024
A. Physical
				accommodations requirements include:
1. The
				home shall have appropriate space and furnishings for each adult receiving
				care, including:
a. Space to keep clothing
				and other personal belongings;
b.
				Accessible and adequate basin and toilet facilities;
c. Comfortable sleeping or napping
				furnishings;
d. For adults unable
				to use stairs unassisted, sleeping space on the first floor of the
				home;
e. Adequate space for
				recreational activities; and
f.
				Sufficient space and equipment for food preparation, service, and proper
				storage.