reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 60 - GRANTS TO AREA AGENCIES ON AGING › Part IV - Administration of Grants and Contracts › Article 4 - Property Control › Section 22VAC30-60-270 - Purchase of automatic data processing (ADP) equipment

Current through Register Vol. 40, No. 24, July 15, 2024
A. An Area Agency on Aging shall take special
					 precautions in the purchase of ADP equipment and software. The purchase, lease,
					 or retention of ADP equipment shall require prior approval from the Virginia
					 Department for Aging and Rehabilitative Services on an individual or blanket
					 purchase basis.
B. In the
					 acquisition of computer equipment, an Area Agency on Aging shall ensure the
					 following:
1. A full requirements analysis has
					 been conducted;
2. Its computer
					 utilization needs are projected over at least a three-year period;
3. The intended software system meets federal
					 and state reporting requirements;
4. There is adequate post-sale vendor
					 support; and
5. Competitive
					 purchasing procedures are adhered to.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 60 - GRANTS TO AREA AGENCIES ON AGING › Part IV - Administration of Grants and Contracts › Article 4 - Property Control › Section 22VAC30-60-280 - Area Agency on Aging property control policies

Current through Register Vol. 40, No. 24, July 15, 2024
An Area Agency on Aging shall have written policies and
						procedures, approved by the governing board, for managing equipment purchased
						in whole or part with federal, state, or matching funds, to include:
(i) accurate and complete property records,
(ii) regular physical inventory of
					 equipment,
(iii) adequate
					 maintenance procedures, and
(iv)
					 disposal of property and equipment.
Statutory Authority
§ 51.5-131 of the Code of Virginia; 42 USC §
						  3001 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 60 - GRANTS TO AREA AGENCIES ON AGING › Part IV - Administration of Grants and Contracts › Article 5 - Procurement Practices and Contracting › Section 22VAC30-60-290 - Summary of procurement procedures

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each Area Agency on Aging not subject by
					 statute to the Virginia Public Procurement Act (§ 2.2-4300 et seq. of the
					 Code of Virginia) shall have written policies and procedures which are
					 consistent with the provisions of the Virginia Public Procurement
					 Act.
B. The Area Agency on Aging
					 shall incorporate in any contract, grant, or purchase agreement of over $50,000
					 the conditions specified in the Virginia Public Procurement Act or those
					 conditions provided in the written policies and procedures required in
					 subsection A of this section.
Statutory Authority
§ 51.5-131 of the Code of Virginia; 42 USC §
						  3001 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 60 - GRANTS TO AREA AGENCIES ON AGING › Part IV - Administration of Grants and Contracts › Article 5 - Procurement Practices and Contracting › Section 22VAC30-60-300 - Contract awards to Area Agencies on Aging

Current through Register Vol. 40, No. 24, July 15, 2024
The Virginia Department for Aging and Rehabilitative
						Services is authorized under § 51.5-135 of the Code of Virginia to award
						grants or contracts, or a combination of both, to a designated Area Agency on
						Aging to administer programs under an approved area plan. The Virginia
						Department for Aging and Rehabilitative Services has determined that the
						contracts mechanism is the appropriate vehicle for making awards to Area
						Agencies on Aging in furtherance of its purpose under its approved area plan.
						Even though the procuring mechanism is called a contract, for purposes of
						interpreting federal regulations, the provisions for grants and grantees shall
						apply to an Area Agency on Aging rather than the provisions for
						contracts.
Statutory Authority
§ 51.5-131 of the Code of Virginia; 42 USC §
						  3001 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 60 - GRANTS TO AREA AGENCIES ON AGING › Part IV - Administration of Grants and Contracts › Article 5 - Procurement Practices and Contracting › Section 22VAC30-60-310 - Unauthorized awards to debarred, suspended, or high-risk subcontractors

Current through Register Vol. 40, No. 24, July 15, 2024
A. An Area Agency
					 on Aging shall make awards only to responsible subcontractors possessing the
					 ability to perform successfully under the terms and conditions of the proposed
					 contract. Consideration shall be given to such matters as the integrity of the
					 subcontractor, compliance with public policy, record of past performance, and
					 financial and technical resources.
B. An Area Agency on Aging shall not execute
					 any subcontract at any tier to any party that is debarred or suspended or is
					 otherwise excluded from or ineligible for participation in federal assistance
					 programs.
C. An Area Agency on
					 Aging shall require its proposed subcontractors at any tier to certify whether
					 they have been excluded from participation in federal assistance
					 programs.
D. If an Area Agency on
					 Aging believes that there are compelling reasons for executing a subcontract
					 with a debarred, suspended, or voluntarily excluded provider in a particular
					 area, the area agency may apply to the Virginia Department for Aging and
					 Rehabilitative Services for a waiver from this requirement. Such waivers shall
					 be granted only in unusual circumstances upon the written determination, by an
					 authorized Virginia Department for Aging and Rehabilitative Services official,
					 that there are compelling reasons justifying the participation.
Statutory Authority
§ 51.5-131 of the Code of Virginia; 42 USC §
						  3001 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 60 - GRANTS TO AREA AGENCIES ON AGING › Part IV - Administration of Grants and Contracts › Article 5 - Procurement Practices and Contracting › Section 22VAC30-60-320 - Authority for multiyear awards

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 An Area Agency on Aging may enter into a multiyear subcontract provided such
					 contract has a completion date, a binding schedule of costs for each year of
					 the entire contract period, a satisfactory performance clause, and a
					 funds-availability clause. An optional-year contract is the preferred
					 contracting mechanism for multiyear awards.
B. The maximum period of time for a multiyear
					 subcontract from the effective date of the contract to close-out shall be five
					 years. Any subcontracts for periods longer than five years shall be reprocured
					 and renegotiated at the end of the five-year period through normal competitive
					 processes.
Statutory Authority
§ 51.5-131 of the Code of Virginia; 42 USC §
						  3001 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 60 - GRANTS TO AREA AGENCIES ON AGING › Part IV - Administration of Grants and Contracts › Article 5 - Procurement Practices and Contracting › Section 22VAC30-60-330 - Preference for small business and minority firm awards of grants and contracts

Current through Register Vol. 40, No. 24, July 15, 2024
It is the Virginia Department for Aging and
						Rehabilitative Services' policy that a fair share of subcontracts be awarded to
						small and minority business firms and nonprofit organizations. Accordingly,
						affirmative steps shall be taken to assure that small and minority businesses
						are utilized, when possible, as sources of supplies, equipment, construction,
						and services.
Statutory Authority
§ 51.5-131 of the Code of Virginia; 42 USC §
						  3001 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 60 - GRANTS TO AREA AGENCIES ON AGING › Part IV - Administration of Grants and Contracts › Article 5 - Procurement Practices and Contracting › Section 22VAC30-60-340 - Contract and competitive grants appeals process

Current through Register Vol. 40, No. 24, July 15, 2024
An Area Agency on Aging shall establish an appeals and
						hearing process to resolve disputes and claims involving contracts and
						competitively awarded grants, if such are authorized. At a minimum, this
						process shall describe:
1. Applicable
					 procurement rules to be used in the appeals process;
2. Designation of an impartial officer to
					 hear and pass on the dispute or claim;
3. Form and timing of the claim to be
					 filed;
4. Right of the claimant to
					 counsel;
5. Hearing
					 procedures;
6. Manner and timing of
					 the hearing officer's opinion;
7.
					 Right to appeal to the Virginia Department for Aging and Rehabilitative
					 Services; and
8. Retention and
					 disposal of the hearing's record.
Statutory Authority
§ 51.5-131 of the Code of Virginia; 42 USC §
						  3001 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 60 - GRANTS TO AREA AGENCIES ON AGING › Part IV - Administration of Grants and Contracts › Article 6 - General Program Income › Section 22VAC30-60-350 - Acceptable methods for general program income

Current through Register Vol. 40, No. 24, July 15, 2024
An Area Agency on Aging is authorized to observe the
						additional-costs alternative. Under this alternative, all general program
						income earned by the Area Agency on Aging shall be retained by the area agency
						and added to funds committed to the project by the Virginia Department for
						Aging and Rehabilitative Services and shall be used to further eligible program
						objectives.
Statutory Authority
§ 51.5-131 of the Code of Virginia; 42 USC §
						  3001 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 60 - GRANTS TO AREA AGENCIES ON AGING › Part IV - Administration of Grants and Contracts › Article 6 - General Program Income › Section 22VAC30-60-360 - Treatment of interest earned on advances

Current through Register Vol. 40, No. 24, July 15, 2024
Interest earned on federal funds passed through the
						Virginia Department for Aging and Rehabilitative Services is to be considered
						general program income. Such funds may be used as cash match in the supportive
						services and nutrition programs, to expand any approved program, or to further
						any activity or benefit to the elderly as approved by the governing board of
						the Area Agency on Aging. Such funds may not be used to meet the costs
						associated with the preparation and administration of the area
						plan.
Statutory Authority
§ 51.5-131 of the Code of Virginia; 42 USC §
						  3001 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 60 - GRANTS TO AREA AGENCIES ON AGING › Part IV - Administration of Grants and Contracts › Article 6 - General Program Income › Section 22VAC30-60-370 - Allowable investment and custody policies

Current through Register Vol. 40, No. 24, July 15, 2024
The investment of available federal or state funds shall
						be directed by two principles:
(i) all
					 funds received must be protected from unreasonable loss or diminished value,
					 and
(ii) investments must be
					 selected to earn a reasonable return on funds not expected to be disbursed
					 immediately. In furtherance of such principles, the following investment
					 mechanisms are authorized:
1. Any interest
					 bearing checking account that is fully insured by the Federal Deposit Insurance
					 Corporation or the Federal Savings and Loan Insurance Corporation;
2. NOW accounts.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 60 - GRANTS TO AREA AGENCIES ON AGING › Part IV - Administration of Grants and Contracts › Article 6 - General Program Income › Section 22VAC30-60-380 - Timing of spending general program income

Current through Register Vol. 40, No. 24, July 15, 2024
In general, there is no time restriction as to when
						general program income under the additional-costs alternative must be spent. To
						avoid any excessive accumulation of funds and the abuse of this alternative,
						the Virginia Department for Aging and Rehabilitative Services has determined
						that general program income earned under the additional-costs alternative shall
						be spent in the year in which it is earned. If it is earned near the end of the
						agency's fiscal year and the agency is unable to spend this income by then, it
						shall at least be spent before the expenditure of any federal or state funds in
						the beginning of the next fiscal year.
Statutory Authority
§ 51.5-131 of the Code of Virginia; 42 USC §
						  3001 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 60 - GRANTS TO AREA AGENCIES ON AGING › Part IV - Administration of Grants and Contracts › Article 6 - General Program Income › Section 22VAC30-60-390 - Special internal control safeguards over participant contributions

Current through Register Vol. 40, No. 24, July 15, 2024
Because of the cash nature of participant contributions,
						agencies shall exert special safeguards over such funds. At a minimum, agencies
						receiving participant contributions shall employ one or more of the following
						precautions:
(i) have two persons
					 count all cash contributions;
(ii)
					 deposit the amount intact;
(iii)
					 make deposits on a daily basis;
(iv) maintain all cash contributions in a
					 secure place until deposit;
(v)
					 regularly justify cash counts against deposit receipts received from the bank;
(vi) for home-delivered meals,
					 maintain lock boxes in the vans and encourage mailed contributions;
(vii) provide a clearly stated policy
					 concerning provision of client receipts, in duplicate, for each cash
					 transaction; and
(viii) rotate
					 staff periodically, if staffing permits.
Statutory Authority
§ 51.5-131 of the Code of Virginia; 42 USC §
						  3001 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 60 - GRANTS TO AREA AGENCIES ON AGING › Part IV - Administration of Grants and Contracts › Article 6 - General Program Income › Section 22VAC30-60-400 - Area Agency on Aging written policies on program income

Current through Register Vol. 40, No. 24, July 15, 2024
An Area Agency on Aging shall formally adopt written
						policies and procedures, approved by the governing board, regarding collection,
						disposition, and accounting for (i) program income, including participant
						contributions, and (ii) interest and other investment income earned on advances
						of federal and state funds.
Statutory Authority
§ 51.5-131 of the Code of Virginia; 42 USC §
						  3001 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 60 - GRANTS TO AREA AGENCIES ON AGING › Part IV - Administration of Grants and Contracts › Article 7 - Bank Balance and Check Handling Procedures › Section 22VAC30-60-410 - Rules on cash management by Area Agencies on Aging

Current through Register Vol. 40, No. 24, July 15, 2024
A. An Area Agency on Aging shall institute
					 procedures to minimize their cash balances of funding provided by the Virginia
					 Department for Aging and Rehabilitative Services. Accordingly, Area Agencies on
					 Aging shall tailor projections of cash requirements from the Virginia
					 Department for Aging and Rehabilitative Services to coincide closely with the
					 actual disbursement of such funds.
B. An Area Agency on Aging shall adopt
					 procedures for minimizing the time elapsed between the receipt of federal and
					 state funds and their disbursement.
Statutory Authority
§ 51.5-131 of the Code of Virginia; 42 USC §
						  3001 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 60 - GRANTS TO AREA AGENCIES ON AGING › Part IV - Administration of Grants and Contracts › Article 7 - Bank Balance and Check Handling Procedures › Section 22VAC30-60-420 - Fidelity bond requirements

Current through Register Vol. 40, No. 24, July 15, 2024
For all personnel handling cash or preparing or signing
						checks, the Area Agency on Aging shall obtain minimum insurance coverage of
						three-months' cash flow, including checks received, in blanket fidelity bond
						coverage.
Statutory Authority
§ 51.5-131 of the Code of Virginia; 42 USC §
						  3001 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 60 - GRANTS TO AREA AGENCIES ON AGING › Part IV - Administration of Grants and Contracts › Article 8 - Monitoring of Subcontractors of Area Agencies on Aging › Section 22VAC30-60-430 - Area Agency on Aging written policies on subcontractor monitoring

Current through Register Vol. 40, No. 24, July 15, 2024
Each Area Agency on Aging shall adopt formal written
						policies and procedures, approved by the governing board, for monitoring their
						subcontractors and subgrantees under the approved area plan and for follow-up
						on any findings.
Statutory Authority
§ 51.5-131 of the Code of Virginia; 42 USC §
						  3001 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 60 - GRANTS TO AREA AGENCIES ON AGING › Part IV - Administration of Grants and Contracts › Article 9 - Carry-Over Balance Policies › Section 22VAC30-60-440 - Carry-over funds

Current through Register Vol. 40, No. 24, July 15, 2024
Carry-over funds may represent obligated but unspent
						funds. For such funds to be available for expenditure in a subsequent fiscal
						year, the Virginia Department for Aging and Rehabilitative Services must
						reauthorize in the subsequent area plan such funds for an area agency to
						obligate and expend. An Area Agency on Aging shall request authority for such
						reauthorization of funds. In general, carry-over balances from Titles III-B,
						III-C(1), III-C(2), and III-D should not exceed 10% of the federal obligation
						for the new fiscal year, computed separately. This 10% carry-over policy does
						not apply to Virginia general fund moneys; all of general fund moneys must be
						spent by June 30 of the fiscal year in which they have been awarded. Approval
						for the use of such federal carry-over funds shall be granted by the Virginia
						Department for Aging and Rehabilitative Services only for specific uses and for
						a specified period of time.
Statutory Authority
§ 51.5-131 of the Code of Virginia; 42 USC §
						  3001 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 60 - GRANTS TO AREA AGENCIES ON AGING › Part IV - Administration of Grants and Contracts › Article 10 - Audits › Section 22VAC30-60-450 - Area Agencies on Aging retain own independent public accountants

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each Area Agency
					 on Aging shall retain its own public accountant, who is sufficiently
					 independent of those who authorize the expenditure of federal funds, to produce
					 unbiased opinions, conclusions, or judgments. The auditor shall meet the
					 independence criteria established in Chapter 3 of the Government Auditing
					 Standards, as amended, (the Yellow Book) published by the U.S. General
					 Accounting Office.
B. In arranging
					 for audit services, an Area Agency on Aging shall follow procurement standards
					 for retaining professional services. Small audit firms and audit firms owned
					 and controlled by minority individuals shall have the maximum practical
					 opportunity to participate in audit contracts awarded.
C. In soliciting and retaining auditors to
					 conduct the annual audit, an Area Agency on Aging must make specific reference
					 in their request for proposals and any resulting subcontract that the auditor
					 shall be required to conform the audit to the requirements in Audits of States,
					 Local Governments, and Nonprofit Organizations, OMB Circular A-133; and the
					 Uniform Administrative Requirements for Grants and Agreements with Institutions
					 of Higher Education, Hospitals, and Other Nonprofit Organizations, OMB Circular
					 A-110, as applicable. This would relate to the scope of the audit, standardized
					 audit report, reportable events, monitoring by the Virginia Department for
					 Aging and Rehabilitative Services and quality assurance review, access to audit
					 work papers, plan for corrective action, and resolution of audit
					 findings.
D. The audit solicitation
					 and any resulting contract for audit services shall make specific reference
					 that "if it is determined that the contractor's audit work was unacceptable as
					 determined by the Virginia Department for Aging and Rehabilitative Services or
					 a federal supervisory agency, either before or after a reasonable time after a
					 draft or final report was issued, because it did not meet the Virginia
					 Department for Aging and Rehabilitative Services' standards, the AICPA
					 Standards, or those promulgated by the Comptroller General of the United
					 States, the contractor may, at the area agency's written request, be required
					 to reaudit at its own expense and resubmit a revised audit report which is
					 acceptable."
Statutory Authority: §
													51.5-131
						  of the Code of Virginia;
						  42 USC §
														3001 et
						  seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 60 - GRANTS TO AREA AGENCIES ON AGING › Part IV - Administration of Grants and Contracts › Article 10 - Audits › Section 22VAC30-60-460 - Frequency of audits and due date for submission of audit reports

Current through Register Vol. 40, No. 24, July 15, 2024
A. An audit of Area
					 Agencies on Aging and their grantees and cost-reimbursement contractors shall
					 be conducted at least annually.
B.
					 The audit report shall be submitted to the Virginia Department for Aging and
					 Rehabilitative Services by December 15. If, for reasons within the control of
					 the Area Agency on Aging, this report cannot be submitted by this time, funding
					 of the agency may be suspended by the Virginia Department for Aging and
					 Rehabilitative Services. An Area Agency on Aging shall make a written request
					 for an extension of time for justifiable reasons to the Virginia Department for
					 Aging and Rehabilitative Services before December 15. Such request shall be
					 submitted with sufficient time for Virginia Department for Aging and
					 Rehabilitative Services' review and approval.
Statutory Authority
§ 51.5-131 of the Code of Virginia; 42 USC §
						  3001 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 60 - GRANTS TO AREA AGENCIES ON AGING › Part IV - Administration of Grants and Contracts › Article 10 - Audits › Section 22VAC30-60-470 - Scope of audit report

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 audit shall be made by an independent auditor in accordance with generally
					 accepted government auditing standards covering financial and compliance
					 audits.
B. The audit shall cover
					 the entire operations of the agency or, at the option of that agency, it may
					 cover departments, agencies or establishments that received, expended or
					 otherwise administered federal financial assistance during the year. A series
					 of audits of individual departments, agencies, and establishments for the same
					 fiscal year may be considered a single audit.
C. The auditor shall determine whether:
1. The financial statements and the
					 accompanying schedules of the agency, department, or establishment present
					 fairly its financial position and the results of its financial operations in
					 accordance with generally accepted accounting principles.
2. The organization has internal accounting
					 and other control systems to provide reasonable assurance that it is managing
					 federal financial assistance programs in compliance with applicable laws and
					 regulations.
3. The organization
					 has complied with laws and regulations that may have a material effect on its
					 financial statements and on each major federal assistance program.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 60 - GRANTS TO AREA AGENCIES ON AGING › Part IV - Administration of Grants and Contracts › Article 10 - Audits › Section 22VAC30-60-480 - Area Agency on Aging audit resolution

Current through Register Vol. 40, No. 24, July 15, 2024
Each Area Agency on Aging shall have a systematic method
						to assure the timely and appropriate resolution of audit findings and
						recommendations.
Statutory Authority
§ 51.5-131 of the Code of Virginia; 42 USC §
						  3001 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 60 - GRANTS TO AREA AGENCIES ON AGING › Part IV - Administration of Grants and Contracts › Article 11 - Close-Out Procedures › Section 22VAC30-60-490 - Close-out

Current through Register Vol. 40, No. 24, July 15, 2024
A. In the event of
					 termination, all property, documents, data, studies, and reports purchased or
					 prepared by the Area Agency on Aging or its subgrantees or subcontractors under
					 its approved area plan shall be disposed of as directed by the Virginia
					 Department for Aging and Rehabilitative Services. The terminated Area Agency on
					 Aging shall be entitled to compensation for any unreimbursed expenses
					 reasonably and necessarily incurred up to the point of receipt of the
					 termination notice in satisfactory performance under its approved area plan. In
					 spite of the above, the Area Agency on Aging shall not be relieved of liability
					 to the Virginia Department for Aging and Rehabilitative Services for damages
					 sustained by the Virginia Department for Aging and Rehabilitative Services by
					 virtue of any breach of the approved contract and area plan. The Virginia
					 Department for Aging and Rehabilitative Services may withhold for purpose of a
					 set-off any reimbursement of funds to the Area Agency on Aging until such time
					 as the exact amount of damages due the Virginia Department for Aging and
					 Rehabilitative Services from the Area Agency on Aging is agreed upon or
					 otherwise determined.
B. In the
					 event of rescission, revocation, or termination, all documents and other
					 materials related to the performance under the Area Plan for Aging Services
					 shall become the property of the Virginia Department for Aging and
					 Rehabilitative Services.
Statutory Authority
§ 51.5-131 of the Code of Virginia; 42 USC §
						  3001 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 60 - GRANTS TO AREA AGENCIES ON AGING › Part IV - Administration of Grants and Contracts › Article 11 - Close-Out Procedures › Section 22VAC30-60-500 - Bankruptcy

Current through Register Vol. 40, No. 24, July 15, 2024
Approval of the area plan shall be withdrawn and any
						contractual relations terminated for cause if, upon 60 days notice, either
						party is adjudicated bankrupt, is subject to the appointment of a receiver and
						fails to have such receiver removed within 60 days, has any of its property
						attached and fails to remove such attachment within 60 days, or becomes
						insolvent or for a period of 60 days is unable to pay its debts as the same
						become due.
Statutory Authority
§ 51.5-131 of the Code of Virginia; 42 USC §
						  3001 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 60 - GRANTS TO AREA AGENCIES ON AGING › Part IV - Administration of Grants and Contracts › Article 11 - Close-Out Procedures › Section 22VAC30-60-510 - Follow-up actions to grant or subgrantee close-out or termination

Current through Register Vol. 40, No. 24, July 15, 2024
As a consequence of close-out or termination, the
						following steps shall be taken:
1.
					 Upon request, the Virginia Department for Aging and Rehabilitative Services
					 shall promptly pay the contractor for all allowable reimbursable costs not
					 covered by previous payments.
2.
					 The contractor shall immediately refund or otherwise dispose of any unobligated
					 balance of cash advanced to the contractor, in accordance with instructions
					 from the Virginia Department for Aging and Rehabilitative Services.
3. The contractor shall submit, within 90
					 days of the date of close-out or termination, all financial, performance, and
					 other reports required by the terms of the agreement. The Virginia Department
					 for Aging and Rehabilitative Services may extend the due date in response to a
					 written or oral request from the contractor. The department shall respond in
					 writing to the request.
4. The
					 Virginia Department for Aging and Rehabilitative Services shall make a
					 settlement for any upward or downward adjustment of the federal share of costs,
					 to the extent called for by the terms of the agreement.
Statutory Authority
§ 51.5-131 of the Code of Virginia; 42 USC §
						  3001 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 60 - GRANTS TO AREA AGENCIES ON AGING › Part IV - Administration of Grants and Contracts › Article 12 - Record Management › Section 22VAC30-60-520 - Area agency record retention requirements

Current through Register Vol. 40, No. 24, July 15, 2024
Fiscal records shall be maintained for five years from
						the date the Virginia Department for Aging and Rehabilitative Services submits
						to the U.S. Department of Health and Human Services its final expenditures
						report for the funding period. This period may be extended, if an audit,
						litigation, or other action involving the records is started before the end of
						the five-year period and the records must be retained until all issues arising
						from the action are resolved or until the end of the five-year period,
						whichever is later.
Statutory Authority
§ 51.5-131 of the Code of Virginia; 42 USC §
						  3001 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 60 - GRANTS TO AREA AGENCIES ON AGING › Part IV - Administration of Grants and Contracts › Article 12 - Record Management › Section 22VAC30-60-530 - Contractors and subcontractors

Current through Register Vol. 40, No. 24, July 15, 2024
In the case of grantees/contractors and subcontractors,
						there shall be a five-year record retention requirement from the date when
						final payment is made and all other pending matters are closed.
						Grantees/contractors and subcontractors of the Virginia Department for Aging
						and Rehabilitative Services shall include a provision in contracts for the
						five-year record retention period and for access to the contractor's records by
						authorized representatives of the Commonwealth of Virginia and the United
						States Government.
Statutory Authority
§ 51.5-131 of the Code of Virginia; 42 USC §
						  3001 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 60 - GRANTS TO AREA AGENCIES ON AGING › Part IV - Administration of Grants and Contracts › Article 12 - Record Management › Section 22VAC30-60-540 - Other record retention requirements

Current through Register Vol. 40, No. 24, July 15, 2024
An Area Agency on Aging and its
						subcontractors/subgrantees shall also comply with the record retention
						requirements of the State Corporation Commission and the Internal Revenue
						Service for corporations and individuals.
Statutory Authority
§ 51.5-131 of the Code of Virginia; 42 USC §
						  3001 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 60 - GRANTS TO AREA AGENCIES ON AGING › Part IV - Administration of Grants and Contracts › Article 12 - Record Management › Section 22VAC30-60-550 - Area agency policy and procedures

Current through Register Vol. 40, No. 24, July 15, 2024
An Area Agency on Aging shall have written policies and
						procedures approved by the governing board regarding the retention and access
						to all financial and programmatic records, supporting documents, statistical
						records, and other records.
Statutory Authority
§ 51.5-131 of the Code of Virginia; 42 USC §
						  3001 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 60 - GRANTS TO AREA AGENCIES ON AGING › Part IV - Administration of Grants and Contracts › Article 12 - Record Management › Section 22VAC30-60-560 - Access to records

Current through Register Vol. 40, No. 24, July 15, 2024
In addition to the head of the federal sponsoring agency
						and the Comptroller General of the United States, or any of their duly
						authorized representatives, the Commissioner of the Virginia Department for
						Aging and Rehabilitative Services and the Comptroller of the Commonwealth of
						Virginia, or their duly authorized representatives, shall have the right of
						access to any pertinent books, documents, papers, and records of the Area
						Agency on Aging and its subcontractors to make audits, examinations, excerpts,
						and transcripts.
Statutory Authority
§ 51.5-131 of the Code of Virginia; 42 USC §
						  3001 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 60 - GRANTS TO AREA AGENCIES ON AGING › Part V - Long-Term Care Ombudsman Program › Section 22VAC30-60-580 - Substate long-term care ombudsman programs

Current through Register Vol. 40, No. 24, July 15, 2024
A. An Area Agency on Aging shall obtain
				  approval of its Area Plan for Aging Services from, and shall execute a contract
				  with, the Virginia Department for Aging and Rehabilitative Services before it
				  operates a substate ombudsman program. Such contract shall be in the form of an
				  agreement incorporating as the scope of services the approved Area Plan for
				  Aging Services or approved amendments thereto, signed by both parties. The
				  contract shall provide assurances by the Area Agency that adequate legal
				  representation, should any be necessary, shall be supplied on behalf of
				  representatives of the substate ombudsman program acting in the scope of their
				  services.
B. The actions of the
				  representatives of the substate ombudsman program when acting on behalf of the
				  Office of the State Long-Term Care Ombudsman pursuant to the duly executed
				  contract, shall be governed, with regard to confidentiality requirements and
				  rights of access, by the provisions of
				  22VAC30-60-570 B through
				  22VAC30-60-570 D.
C. The authority of the substate ombudsman
				  program shall be limited to the geographic area specified in the approved Area
				  Plan for Aging Services or in an approved area plan amendment, recognized as
				  the scope of services of the contract.
D. The following steps will be observed under
				  the circumstances described:
1. Staff of the
				  substate ombudsman program shall comply with the complaint handling and
				  reporting procedures established by the Office of the State Long-Term Care
				  Ombudsman, in accordance with
				  22VAC30-60-570 A and instructions
				  provided by the Office of the State Long-Term Care Ombudsman.
2. Staff of the substate ombudsman program
				  shall forward all complaints to the Office of the State Long-Term Care
				  Ombudsman within three working days of the date on which the complaint is
				  received by the substate ombudsman program.
3. Staff of the substate ombudsman program
				  shall forward all complaints regarding long-term care services provided
				  directly by or under contract by the Area Agency on Aging to the Office of the
				  State Long-Term Care Ombudsman within one working day of the date on which the
				  complaint is received by the substate ombudsman program.
4. Staff of the substate ombudsman program
				  shall forward all complaints regarding the Office of the State Long-Term Care
				  Ombudsman to the Virginia Department for Aging and Rehabilitative Services
				  within one working day of the date on which the complaint is received by the
				  substate ombudsman program.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 60 - GRANTS TO AREA AGENCIES ON AGING › Part V - Long-Term Care Ombudsman Program › Section 22VAC30-60-590 - Conflict of interest

Current through Register Vol. 40, No. 24, July 15, 2024
Staff and representatives of the Office of the State
					 Long-Term Care Ombudsman and staff and representatives of the substate
					 ombudsman program shall have no conflicts of interest with regard to long-term
					 care facilities, long-term care providers, and long-term care issues, pursuant
					 to the State and Local Government Conflict of Interests Act (§ 2.2-3100 et
					 seq. of the Code of Virginia).
Statutory Authority
§ 51.5-131 of the Code of Virginia; 42 USC §
						3001 et seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 60 - GRANTS TO AREA AGENCIES ON AGING › Part V - Long-Term Care Ombudsman Program › Section - DOCUMENTS INCORPORATED BY REFERENCE (22VAC30-60)

Current through Register Vol. 40, No. 24, July 15, 2024
OMB
					 Circular A-102, Grants and Cooperative Agreements with State and Local
					 Governments, revised October 7, 1994, and further amended August 29,
					 1997
OMB
					 Circular A-110, Uniform Administrative Requirements for Grants and Agreements
					 with Institutions of Higher Education, Hospitals, and Other Non-Profit
					 Organizations, revised November 19, 1993, amended September 30,
					 1999
GAO-03-673G,
					 Government Auditing Standards (the Yellow Book), Chapter 3, 2011
					 Revision
OMB
					 Circular No. A-133, Audits of States, Local Governments, and Non-Profit
					 Organizations, revised June 27, 2003, and June 26,
					 2007
Statutory Authority: §
												51.5-131
						of the Code of Virginia;
						42 USC §
													3001 et
						seq.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 70 - THE VIRGINIA PUBLIC GUARDIAN AND CONSERVATOR PROGRAM › Section 22VAC30-70-20 - Introduction and purpose

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Introduction. Pursuant to §
									51.5-149
				of the Code of Virginia, the General Assembly declared that the policy of the
				Commonwealth is to ensure that persons who cannot adequately care for
				themselves because of incapacity are able to meet essential requirements for
				physical and emotional health and management of financial resources with the
				assistance of a guardian or conservator, as appropriate, in circumstances where
				(i) the incapacitated person's financial resources are insufficient to fully
				compensate a private guardian or conservator and pay court costs and fees
				associated with the appointment proceeding, and (ii) there is no other proper
				and suitable person willing and able to serve in such capacity or there is no
				guardian or conservator appointed within one month of adjudication pursuant to
				§
									64.2-2015
				of the Code of Virginia.
B.
				Purpose. This regulation sets forth requirements for the Virginia Public
				Guardian and Conservator Program and establishes the requirements for public
				guardian program contractors to operate a designated public guardian
				program.
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 70 - THE VIRGINIA PUBLIC GUARDIAN AND CONSERVATOR PROGRAM › Section 22VAC30-70-40 - Personnel standards

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each
				paid staff who is working in the public guardian program and has direct contact
				with clients or client estates shall:
1. Have
				a satisfactory work record and be of good character; demonstrate a concern for
				the well-being of others to the extent that the person is considered suitable
				to be entrusted with the care, guidance, and protection of an incapacitated
				person; and shall not have been convicted of any criminal offense involving any
				physical attack, neglect or abuse of a person, lying, cheating, or stealing,
				nor convicted of any felony. A criminal record check shall be conducted on each
				person hired on or after January 1, 2009.
2. Be free of illegal drug use. For each
				person hired on or after January 1, 2009, a drug screening test shall be
				conducted.
3. Each person hired on
				or after January 1, 2009, shall have, at a minimum, a high school diploma or a
				general education diploma (GED) from an accredited program.
4. Participate in mandatory training programs
				required by the department.
5. In
				addition, each program director shall:
a. Be a
				full-time employee of the public guardian program;
b. Have experience as a service provider or
				administrator in one or more of the following areas:
(i) social work,
(ii) case management,
(iii) mental health,
(iv) nursing,
(v) or other human service program;
				and
c. Demonstrate, by
				objective criteria, a knowledge and understanding of Virginia's guardianship
				laws, alternatives to guardianship, and surrogate decision-making
				activities.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 70 - THE VIRGINIA PUBLIC GUARDIAN AND CONSERVATOR PROGRAM › Section 22VAC30-70-50 - Recordkeeping

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each public
				guardian program shall maintain an accurate and complete client record for each
				incapacitated person. Records shall be kept confidential. Access to client
				records shall be limited to (i) the client's public guardian or conservator as
				designated by a Virginia circuit court; (ii) as otherwise directed by court
				order; (iii) as directed by duly authorized government authorities; and (iv) as
				specifically authorized by the Code of Virginia or federal statutes, including
				by written consent of the client's public guardian or conservator. Provision
				shall be made for the safe storage of client records or accurate and legible
				reproductions for a minimum of five years following termination of the guardian
				or conservator court order.
B. Each
				client's record shall contain a current Virginia Uniform Assessment Instrument
				(UAI) or a similar comprehensive assessment instrument, a current public
				guardian program care plan, a current values history, the most recent annual
				report of the guardian submitted to the Department of Social Services as
				required by §
									64.2-2020
				of the Code of Virginia, the most recent annual accounting by the conservator
				to the Commissioner of Accounts as required by §
									64.2-1305
				of the Code of Virginia, and all applicable court orders and petitions. A
				client's record shall be completed and on file within 60 days of the public
				guardian program's appointment as public guardian, public conservator, or
				both.
C. Each public guardian
				program contractor shall maintain all records, provide reports, including audit
				information and documents in accordance with its contract with the
				department.
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 70 - THE VIRGINIA PUBLIC GUARDIAN AND CONSERVATOR PROGRAM › Section 22VAC30-70-60 - Evaluation and monitoring of public guardian programs

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each public guardian program shall submit
				data and reports as required by the department and maintain compliance with the
				department's program guidelines.
B.
				The department reserves the right to monitor all administrative, programmatic,
				and financial activities related to the public guardian program, including
				person-centered planning utilization and documentation, to ensure compliance
				with the terms of the contract between the department and the public guardian
				program contractor.
C. The
				department shall periodically administer, monitor, evaluate, provide technical
				assistance and expertise, and shall ensure fiscal accountability and quality of
				service of public guardian programs.
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 80 - AUXILIARY GRANTS PROGRAM › Section 22VAC30-80-15 - Residency requirement

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Individuals applying for AG must have resided in Virginia voluntarily for a
				minimum of 90 days with the intent to remain.
1. Individuals applying for AG must submit a
				written statement of intent to remain in Virginia on a form provided by the
				department.
2. Individuals applying
				for AG also may be required to provide verification of Virginia residency using
				one of the following documents:
a. Postmarked
				letters;
b. Public utility records
				or credit accounts;
c. Voter
				registration records;
d. Home or
				apartment lease;
e. Real property
				records;
f. Medical bills;
				or
g. State or federal tax
				records.