reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 120 - ADULT SERVICES APPROVED PROVIDERS › Section 22VAC30-120-60 - Record requirements for adult foster care

Current through Register Vol. 40, No. 24, July 15, 2024
A. The provider
				shall maintain written, legible, and current information on each adult
				receiving care.
B. Information on
				the adult shall include:
1. The adult's
				identifying information;
2. Name,
				address, and home and work telephone numbers of the adult's responsible
				persons;
3. Name and telephone
				number of person to be called in an emergency if the adult's responsible person
				cannot be reached;
4. Name,
				address, and home and work telephone numbers of persons authorized to transport
				the adult;
5. Name of persons not
				authorized to call or visit the adult;
6. Date of admission and discharge of the
				adult;
7. Pertinent medical
				information;
8. Correspondence
				related to the adult as well as other written information about the adult
				provided by the local department; and
9. Placement agreement between the provider
				and the adult and the adult's responsible person, if applicable.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 120 - ADULT SERVICES APPROVED PROVIDERS › Section 22VAC30-120-70 - Approval period

Current through Register Vol. 40, No. 24, July 15, 2024
The approval period for all providers may be up to 24 months
				  when the provider meets the standards.
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 22VAC30-120-80 - Allowable variance

Current through Register Vol. 40, No. 24, July 15, 2024
A. The grant or
				denial of a variance is within the discretion of the local department. The
				provider may request a variance on a standard if the variance does not
				jeopardize the safety and proper care of any adult or prospective adult
				receiving care or violate federal, state, or local law and the local department
				approves the request.
B. The
				allowable variance, if granted by the local department, shall be documented in
				writing with a copy maintained by the local department and the
				provider.
C. The local department
				and the provider shall develop a plan to meet the applicable standard for which
				the allowable variance has been granted.
D. The variance shall be requested by the
				provider, and if granted by the local department, issued prior to the approval
				of the provider or at the time of the provider's renewal.
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 22VAC30-120-90 - Emergency approval

Current through Register Vol. 40, No. 24, July 15, 2024
A. Emergency
				approval of a provider may be granted under the following conditions:
1. The court orders emergency placement;
				or
2. The adult or the adult's
				responsible person requests placement or service in an emergency.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 120 - ADULT SERVICES APPROVED PROVIDERS › Section 22VAC30-120-100 - Provider monitoring

Current through Register Vol. 40, No. 24, July 15, 2024
A. For adult foster
				care providers, the local department shall visit the home of the provider as
				often as necessary, but at least semi-annually to monitor the performance of
				the provider.
B. For in-home
				providers, the local department shall interview the provider face-to-face as
				often as necessary, but at least semi-annually, to monitor the performance of
				the provider. At least one monitoring visit shall occur in the home of each
				adult who is receiving care.
C.
				Provider monitoring shall include interviews with adults receiving care from
				the provider.
D. The adult or the
				adult's responsible person shall have access to provider monitoring reports for
				that specific adult and that adult's provider upon request.
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 22VAC30-120-110 - Renewal process

Current through Register Vol. 40, No. 24, July 15, 2024
The local department shall reapprove the provider prior to
				  the end of the approval period if the provider continues to meet the standards,
				  and if the local department continues to offer this service.
Statutory Authority: § 51.5-131 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 120 - ADULT SERVICES APPROVED PROVIDERS › Section 22VAC30-120-120 - Inability to meet standards

Current through Register Vol. 40, No. 24, July 15, 2024
A. If the provider
				cannot meet the standards set forth in this chapter, the local department shall
				grant provisional approval, suspend approval, or revoke approval depending on
				the duration and nature of noncompliance.
B. The local department may grant provisional
				approval if noncompliance with the standards set forth in this chapter does not
				jeopardize the safety or proper care of the adults. Provisional approval shall
				not exceed 90 calendar days.
C. The
				local department may suspend approval if noncompliance with the standards set
				forth in this chapter may jeopardize the safety and proper care of adults.
				Suspension shall not exceed 90 calendar days. During the suspension, the
				provider shall not provide care to adults receiving services arranged by the
				local department.
D. If the
				provider is found to be out of compliance with the standards set forth in this
				chapter cannot meet standards within 90 calendar days, and a variance is not
				granted, the approval shall be revoked.
E. The local department shall immediately
				revoke its approval if noncompliance with the standards set forth in this
				chapter jeopardizes the health, safety, and proper care of adults. The local
				department shall terminate services and find alternative services for all
				affected adults who are receiving adult foster care no later than five calendar
				days from the date of the local department's revocation decision. For in-home
				providers, the local department shall find alternative services for the adult
				no later than 30 calendar days from the date of the local department's
				revocation decision.
F. The
				decision to grant provisional approval, suspend approval or revoke approval
				shall be in writing with the effective date of the decision noted.
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 22VAC30-120-130 - Relocation of adult foster care provider

Current through Register Vol. 40, No. 24, July 15, 2024
A. If the adult
				foster care provider relocates within the locality, the local department
				approving the provider shall determine continued compliance with standards
				related to the home as soon as possible, but no later than 30 calendar days
				after relocation, to avoid disruption of services to the adult receiving
				care.
B. If the adult foster care
				provider relocates within the Commonwealth to a locality other than the
				locality that originally approved the adult foster care provider, the local
				department that originally approved the adult foster care provider (original
				local department) shall notify the local department in the new locality (new
				local department) of the relocation. If the new local department offers adult
				foster care services, the new local department may accept the adult foster care
				provider approval from the original local department based upon the
				recommendation of the original local department or the new local department may
				initiate an approval process. If the new local department does not offer adult
				foster care services, the original local department shall request written
				permission from the new local department for the adult foster care provider to
				continue to provide adult foster care services for the original local
				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 120 - ADULT SERVICES APPROVED PROVIDERS › Section 22VAC30-120-140 - Right to review

Current through Register Vol. 40, No. 24, July 15, 2024
A. The provider
				shall have the right to request that the decision of the local department be
				reviewed by the director of the local department.
B. The provider must request the review
				within 10 calendar days from the effective date of the local department's
				decision.
C. All written findings
				and actions of the local department or its director, including the decision of
				the local department director at the conclusion of the review, are final and
				shall not be (i) appealable to the Commissioner of the Department 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 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 22VAC30-120-150 - Rights of adults receiving care

Current through Register Vol. 40, No. 24, July 15, 2024
A. Adults receiving
				care from local department-approved providers shall have the rights specified
				in this section. The provisions of this section shall not be construed to
				restrict or abridge any right that any adult has under the law. The provider
				shall ensure that adults or the adult's responsible person are aware of and
				understand the rights described in subsection B of this section. The adult and,
				if appropriate, the adult's responsible person shall acknowledge in writing
				receipt of this information, which shall be filed in the adult's
				record.
B. Adults receiving care
				from local department-approved providers shall have the right:
1. To be fully informed, prior to the
				beginning of the provision of services, (i) of the adult receiving care's
				rights and of all rules and expectations governing the adult receiving care's
				conduct and responsibilities and (ii) charges, if any, for the services to be
				provided;
2. To be free from adult
				abuse, neglect, and exploitation; to be free from forced isolation, threats, or
				other degrading or demeaning acts against the adult receiving care; and to be
				treated with courtesy, respect, and consideration as a person of worth,
				sensitivity, and dignity;
3. To be
				free to voice grievances and recommend changes in policies and services without
				fear of reprisal;
4. To be afforded
				confidential treatment of the adult receiving care's records and to approve or
				refuse release of records to any individual except as otherwise provided in law
				and when services may need to be transferred to another provider;
5. To be encouraged to function at the adult
				receiving care's highest mental, emotional, physical, and social
				potential;
6. To be afforded the
				opportunity to participate in the planning of the adult receiving care's
				program of care and medical treatment and the right to refuse medical treatment
				unless there has been a court adjudication of incapacity;
7. To be afforded privacy including:
a. In the care of the adult receiving care's
				personal needs except when assistance may be needed;
b. In any medical examination or
				health-related consultations that the adult may have;
c. In any communications; and
d. During visitation with other persons;
				and
8. To be free of
				physical, mechanical, or chemical restraints.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 120 - ADULT SERVICES APPROVED PROVIDERS › Section 22VAC30-120-160 - Responsibilities of adults in adult foster care

Current through Register Vol. 40, No. 24, July 15, 2024
A. Adults receiving
				care shall follow the rules of the provider unless these rules are in violation
				of an adult's rights.
B. Adults
				receiving care, the local department, or the adult's responsible person, if
				applicable, shall give two weeks written notice of the intent to leave the
				placement.
C. Adults receiving care
				or the adult's responsible person, if applicable, shall notify providers if
				there are changes in the adult's health status.
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 130 - ADULT SERVICES STANDARDS › Section 22VAC30-130-20 - Intake process

Current through Register Vol. 40, No. 24, July 15, 2024
A. Intake is
				designed to provide a timely, coordinated method for the adult to request
				services or assistance or to obtain sufficient information about other
				resources.
B. The local department
				shall be responsible for performing intake activities. These activities may
				include information and referral or initial assessment for assistance as
				indicated by the adult's situation.
Statutory Authority: §§
											51.5-131
					 and
					 51.5-145
					 of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 130 - ADULT SERVICES STANDARDS › Section 22VAC30-130-30 - Services and activities

Current through Register Vol. 40, No. 24, July 15, 2024
Local departments shall provide the following adult
				  services:
1. Services provided under
				universal access.
a. Screening for long-term
				care services and supports pursuant to §
										32.1-330
				of the Code of Virginia.
b. Public
				pay assisted living facility assessment pursuant to §
										63.2-1804
				of the Code of Virginia.
c. Review
				of annual reports submitted by guardians pursuant to §
										64.2-2020
				of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 130 - ADULT SERVICES STANDARDS › Section 22VAC30-130-50 - Service planning

Current through Register Vol. 40, No. 24, July 15, 2024
A. A
				variety of interventions including referral to public assistance and other
				resources, case management, and other programs may be provided depending on the
				adult's needs.
B. The services or
				activities may be provided directly by local department staff or volunteers,
				purchased from local department approved providers or contracted vendors, or
				provided through referral to other community resources.
C. If an adult is determined eligible for
				home-based services, the local department shall develop a service plan, enter
				the plan into the department-designated case management system, and review the
				plan at least annually. A service plan shall not be required when the only
				intervention or activity provided by the local department is screening for
				long-term services and supports, public pay assisted living facility annual
				assessment, or review of an annual guardian report. The local department, the
				adult and the adult's family, the responsible person, or other social supports,
				if applicable, shall collaborate to evaluate progress toward meeting the goals
				and objectives of the service plan. The local department shall document
				progress toward meeting service plan goals and objectives at least quarterly in
				the department-designated case management system.
D. For any services for which a payment is
				made on behalf of an adult, the service, service provider, and payment
				authorization shall be documented in the service plan. Any local department
				hard copy records documenting the provision of adult services shall be made
				available to the department upon request.
Statutory Authority: §§
											51.5-131
					 and
					 51.5-145
					 of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 130 - ADULT SERVICES STANDARDS › Section 22VAC30-130-60 - Responsibilities of local department

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				The local department shall comply with all laws, regulations, and department
				guidance regarding the provision of adult services.
B. The local department shall notify the
				adult on a form approved by the department when the local department takes an
				action regarding home-based services pursuant to §
									51.5-147
				of the Code of Virginia.
C. The
				local department shall close the adult's case in the department-designated case
				management system in the following circumstances, including:
1. When the adult dies;
2. When the adult with capacity or the
				adult's responsible person requests closure;
3. When the local department is unable to
				locate the adult and attempts to contact the adult are unsuccessful;
4. When the adult is no longer functionally
				or financially eligible for the service;
5. When the local department has no funding
				to provide home-based services;
6.
				When the service or activity identified on the service plan is complete;
				or
7. With exception of annual
				guardian report reviews, when the adult relocates to another state.
NOTICE: Forms used in administering the regulation have been
				  filed by the agency. The forms are not being published; however, online users
				  of this issue of the Virginia Register of Regulations may click on the name of
				  a form with a hyperlink to access it. The forms are also available from the
				  agency contact or may be viewed at the Office of the Registrar of Regulations,
				  900 East Main Street, 11th Floor, Richmond, Virginia 23219.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 30 - DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES › Chapter 130 - ADULT SERVICES STANDARDS › Form - FORMS (22VAC30-130)

Current through Register Vol. 40, No. 24, July 15, 2024
Application
				  for Adult Services Form, 032-26-0001-01-eng, (rev. 5/2017)
Virginia
				  Uniform Assessment Instrument, UAI, (eff. 1994)
Statutory Authority: §§
											51.5-131
					 and
					 51.5-145
					 of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 12 - PUBLIC PARTICIPATION GUIDELINES › Part I - Purpose and Definitions › Section 22VAC40-12-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to promote public
					 involvement in the development, amendment or repeal of the regulations of the
					 State Board of Social Services. This chapter does not apply to regulations,
					 guidelines, or other documents exempted or excluded from the provisions of the
					 Administrative Process Act (§ 2.2-4000 et seq. of the Code of
					 Virginia).
Statutory Authority
§§ 2.2-4007.02 and 63.2-217 of the Code of
						Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 12 - PUBLIC PARTICIPATION GUIDELINES › Part II - Notification of Interested Persons › Section 22VAC40-12-30 - Notification list

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency shall
				  maintain a list of persons who have requested to be notified of regulatory
				  actions being pursued by the agency.
B. Any person may request to be placed on a
				  notification list by registering as a public user on the Town Hall or by making
				  a request to the agency. Any person who requests to be placed on a notification
				  list shall elect to be notified either by electronic means or through a postal
				  carrier.
C. The agency may maintain
				  additional lists for persons who have requested to be informed of specific
				  regulatory issues, proposals, or actions.
D. When electronic mail is returned as
				  undeliverable on multiple occasions at least 24 hours apart, that person may be
				  deleted from the list. A single undeliverable message is insufficient cause to
				  delete the person from the list.
E.
				  When mail delivered by a postal carrier is returned as undeliverable on
				  multiple occasions, that person may be deleted from the list.
F. The agency may periodically request those
				  persons on the notification list to indicate their desire to either continue to
				  be notified electronically, receive documents through a postal carrier, or be
				  deleted from the list.
Statutory Authority
§§ 2.2-4007.02 and 63.2-217 of the Code of
						Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 12 - PUBLIC PARTICIPATION GUIDELINES › Part II - Notification of Interested Persons › Section 22VAC40-12-40 - Information to be sent to persons on the notification list

Current through Register Vol. 40, No. 24, July 15, 2024
A. To persons electing to receive electronic
				  notification or notification through a postal carrier as described in
				  22VAC40-12-30, the agency shall
				  send the following information:
1. A notice of
				  intended regulatory action (NOIRA).
2. A notice of the comment period on a
				  proposed, a reproposed, or a fast-track regulation and hyperlinks to, or
				  instructions on how to obtain, a copy of the regulation and any supporting
				  documents.
3. A notice soliciting
				  comment on a final regulation when the regulatory process has been extended
				  pursuant to § 2.2-4007.06 or 2.2-4013C of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 12 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 22VAC40-12-50 - Public comment

Current through Register Vol. 40, No. 24, July 15, 2024
A. In
				  considering any nonemergency, nonexempt regulatory action, the agency shall
				  afford interested persons an opportunity to (i) submit data, views, and
				  arguments, either orally or in writing, to the agency; and (ii) be accompanied
				  by and represented by counsel or other representative. Such opportunity to
				  comment shall include an online public comment forum on the Town Hall.
1. To any requesting person, the agency shall
				  provide copies of the statement of basis, purpose, substance, and issues; the
				  economic impact analysis of the proposed or fast-track regulatory action; and
				  the agency's response to public comments received.
2. The agency may begin crafting a regulatory
				  action prior to or during any opportunities it provides to the public to submit
				  comments.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 12 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 22VAC40-12-60 - Petition for rulemaking

Current through Register Vol. 40, No. 24, July 15, 2024
A. As
				  provided in § 2.2-4007 of the Code of Virginia, any person may petition
				  the agency to consider a regulatory action.
B. A petition shall include but is not
				  limited to the following information:
1. The
				  petitioner's name and contact information;
2. The substance and purpose of the
				  rulemaking that is requested, including reference to any applicable Virginia
				  Administrative Code sections; and
3. Reference to the legal authority of the
				  agency to take the action requested.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 12 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 22VAC40-12-70 - Appointment of regulatory advisory panel

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency may appoint a regulatory
				  advisory panel (RAP) to provide professional specialization or technical
				  assistance when the agency determines that such expertise is necessary to
				  address a specific regulatory issue or action or when individuals indicate an
				  interest in working with the agency on a specific regulatory issue or
				  action.
B. Any person may request
				  the appointment of a RAP and request to participate in its activities. The
				  agency shall determine when a RAP shall be appointed and the composition of the
				  RAP.
C. A RAP may be dissolved by
				  the agency if:
1. The proposed text of the
				  regulation is posted on the Town Hall, published in the Virginia Register, or
				  such other time as the agency determines is appropriate; or
2. The agency determines that the regulatory
				  action is either exempt or excluded from the requirements of the Administrative
				  Process Act.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 12 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 22VAC40-12-80 - Appointment of negotiated rulemaking panel

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency may appoint a negotiated
				  rulemaking panel (NRP) if a regulatory action is expected to be
				  controversial.
B. An NRP that has
				  been appointed by the agency may be dissolved by the agency when:
1. There is no longer controversy associated
				  with the development of the regulation;
2. The agency determines that the regulatory
				  action is either exempt or excluded from the requirements of the Administrative
				  Process Act; or
3. The agency
				  determines that resolution of a controversy is unlikely.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 12 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 22VAC40-12-90 - Meetings

Current through Register Vol. 40, No. 24, July 15, 2024
Notice of any open meeting, including meetings of a RAP or
					 NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth
					 Calendar at least seven working days prior to the date of the meeting. The
					 exception to this requirement is any meeting held in accordance with §
					 2.2-3707D of the Code of Virginia allowing for contemporaneous notice to be
					 provided to participants and the public.
Statutory Authority
§§ 2.2-4007.02 and 63.2-217 of the Code of
						Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 12 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 22VAC40-12-100 - Public hearings on regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency shall indicate in its notice of
				  intended regulatory action whether it plans to hold a public hearing following
				  the publication of the proposed stage of the regulatory action.
B. The agency may conduct one or more public
				  hearings during the comment period following the publication of a proposed
				  regulatory action.
C. An agency is
				  required to hold a public hearing following the publication of the proposed
				  regulatory action when:
1. The agency's basic
				  law requires the agency to hold a public hearing;
2. The Governor directs the agency to hold a
				  public hearing; or
3. The agency
				  receives requests for a public hearing from at least 25 persons during the
				  public comment period following the publication of the notice of intended
				  regulatory action.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 12 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 22VAC40-12-110 - Periodic review of regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency shall conduct a periodic review
				  of its regulations consistent with:
1. An
				  executive order issued by the Governor pursuant to § 2.2-4017 of the
				  Administrative Process Act to receive comment on all existing regulations as to
				  their effectiveness, efficiency, necessity, clarity, and cost of compliance;
				  and
2. The requirements in §
				  2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility
				  for small businesses.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 25 - AUXILIARY GRANTS PROGRAM › Section 22VAC40-25-15 - 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.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 25 - AUXILIARY GRANTS PROGRAM › Section 22VAC40-25-20 - Assessment

Current through Register Vol. 40, No. 24, July 15, 2024
A. In order to
				receive payment from the program for care in an ALF or in AFC, an individual
				applying for AG shall have been assessed by a qualified assessor using the UAI
				and determined to need residential or assisted living care or AFC.
B. As a condition of eligibility for the
				program, 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 or
				AFC.
C. The ALF or AFC 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.
Statutory Authority
§§ 63.2-217 and 63.2-800 of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 25 - AUXILIARY GRANTS PROGRAM › Section 22VAC40-25-30 - Basic services

Current through Register Vol. 40, No. 24, July 15, 2024
The rate established under the program shall cover the
				  following services:
1. Room and board.
a. Provision of a furnished room;
b. Housekeeping services based on the needs
				of the individual;
c. Meals and
				snacks provided in accordance with 22VAC40-72 including, but not limited to
				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 a 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 Guide
				Pyramid, 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 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 25 - AUXILIARY GRANTS PROGRAM › Section 22VAC40-25-40 - 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 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. 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 personal representative to
				request any item or service as a condition of admission or continued stay. The
				provider must inform the individual or his personal 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
				22VAC40-25-30;
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 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 25 - AUXILIARY GRANTS PROGRAM › Section 22VAC40-25-45 - 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
				program, the ALF provider is required to complete and submit to the department
				a signed provider agreement as stipulated below. 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 program:
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 herein 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 monthly statement to each individual
				regarding his account balance;
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 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 25 - AUXILIARY GRANTS PROGRAM › Section 22VAC40-25-50 - Establishment of rate

Current through Register Vol. 40, No. 24, July 15, 2024
The established rate for individuals authorized to reside in
				  an ALF or in AFC 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
§§ 63.2-217 and 63.2-800 of the Code of Virginia;
					 § 416.2001 of the Social Security Act.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 25 - AUXILIARY GRANTS PROGRAM › Section 22VAC40-25-60 - Reimbursement

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any moneys
				contributed toward the cost of care pending AG eligibility determination shall
				be reimbursed to the individual or contributing party by the ALF or AFC
				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
				provider for care. If the individual is not capable of managing his finances,
				his personal representative 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 to the local department of social services
				that determined the individual's eligibility for the grant. 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 mailed 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
				personal 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.
				Providers who do not comply with the requirements of this regulation may be
				subject to adverse action.
Statutory Authority
§§ 63.2-217 and 63.2-800 of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 25 - AUXILIARY GRANTS PROGRAM › Section 22VAC40-25-70 - Certification

Current through Register Vol. 40, No. 24, July 15, 2024
A. ALFs shall
				submit an annual certification form by October 1 of each year for the preceding
				state fiscal year. The certification shall include the following: identifying
				information about the ALF, census information including a list of individuals
				who resided in the facility and received AG during the reporting period, and
				personal needs allowance accounting information. If a provider fails to submit
				an annual certification form, the provider will not be authorized to accept
				additional individuals with AG.
B.
				All information reported by an ALF on the certification form shall be subject
				to audit by the department. Financial information that is not reconcilable to
				the provider's general ledger or similar records could result in establishment
				of a liability to the provider. Records shall be retained for three years after
				the end of the reporting period or until audited by the department, whichever
				is first.
C. All records maintained
				by an AFC provider, as required by 22VAC40-771, shall be made available to the
				department or the approving local department of social services upon request.
				All records are subject to audit by the department. Financial information that
				is not reconcilable to the provider's records could result in establishment of
				a liability to the provider. Records shall be retained for three years after
				the end of the reporting period or until audited by the department, whichever
				is first.
Statutory Authority
§§ 63.2-217 and 63.2-800 of the Code of Virginia.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 25 - AUXILIARY GRANTS PROGRAM › Form - FORMS (22VAC40-25)

Current through Register Vol. 40, No. 24, July 15, 2024
Auxiliary
				  Grant Program Provider Agreement, 032-02-0747-01-eng (rev.
				  6/12)
.
Auxiliary
				  Grant Certification, 032-02-0747-04-eng (rev. 4/12).
Statement
				  of Virginia Residency and Intent to Remain in Virginia, 032-02-0749-00-eng
				  (eff. 12/12).
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 32 - AID TO FAMILIES WITH DEPENDENT CHILDREN (AFDC) PROGRAM - DETERMINING AFDC ELIGIBILITY WHEN THE ONLY DEPENDENT CHILD RECEIVES FOSTER CARE BENEFITS [REP › Section 22VAC40-32-10 to 22VAC40-32-20

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 35 - VIRGINIA INDEPENDENCE PROGRAM › Part II - Eligibility Requirements › Section 22VAC40-35-20 - Cooperation in obtaining support

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  As a condition of eligibility, each applicant for or recipient of TANF shall be
				  required to cooperate (unless good cause for refusing to do so is determined to
				  exist in accordance with federal regulations at 45 CFR 232.40 through 232.43 ).
				  Cooperation shall mean all of the following actions necessary for the
				  identification and location of noncustodial parents and the establishment and
				  collection of child support owed to the person applying for or receiving public
				  assistance:
1. Identifying the parent of a
				  child for whom aid is requested. The applicant or recipient shall provide,
				  under penalty of perjury, the first and last name of the individual against
				  whom paternity or an obligation to provide support is sought to be established,
				  modified, or enforced. If the applicant or recipient is not certain of the
				  child's paternity, he shall identify all individuals with whom the mother had
				  sexual intercourse who may be the father.
2. Providing, under penalty of perjury,
				  additional informational items sufficient to verify the parent's identity
				  including, at a minimum, three of the following: the noncustodial parent's
				  social security number; race; date of birth; place of birth; telephone number;
				  address; schools attended; occupation; employer; driver's license number; make
				  and model of motor vehicle; motor vehicle license plate number; places of
				  social contact; banking institutions utilized; and names, addresses or
				  telephone number of parents, friends, or relatives.
3. Appearing at an office of the local social
				  services agency or the Division of Child Support Enforcement as necessary to
				  provide verbal or written information or documentary evidence known to,
				  possessed by, or reasonably attainable by the applicant.
4. Appearing as a witness at judicial or
				  administrative hearings or proceedings.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 35 - VIRGINIA INDEPENDENCE PROGRAM › Part II - Eligibility Requirements › Section 22VAC40-35-30 - Cooperation in establishing paternity

Current through Register Vol. 40, No. 24, July 15, 2024
A. As a condition of eligibility, the
				  caretaker-relative shall cooperate, as defined in
				  22VAC40-35-20, with the Division
				  of Child Support Enforcement (DCSE) and the local department of social services
				  in establishing paternity.
B. If
				  the caretaker-relative does not cooperate, the adult portion of the grant shall
				  be denied or terminated until the individual has disclosed the required
				  information.
C. If, after six
				  months of receipt of TANF, paternity has not been established and the local
				  department determines that the caretaker-relative is not cooperating in
				  establishing paternity, the local department shall terminate the entire grant
				  for a minimum of one month and until cooperation has been achieved. An
				  individual whose TANF case was terminated due to such noncooperation must
				  cooperate and file a new application for TANF to receive further
				  benefits.
Statutory Authority: § 63.2-217 of the Code of
						Virginia; 45 CFR
						261.22.
Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 35 - VIRGINIA INDEPENDENCE PROGRAM › Part II - Eligibility Requirements › Section 22VAC40-35-40 - Diversionary assistance program eligibility criteria

Current through Register Vol. 40, No. 24, July 15, 2024
A. An assistance unit shall be eligible to
				  receive diversionary cash assistance if:
1.
				  Verification is provided to the local department of social services that the
				  assistance unit has a temporary loss of income or delay in starting to receive
				  income resulting in an emergency;
2. The assistance unit meets TANF
				  requirements specified in §
											63.2-617
				  of the Code of Virginia; and
3. The
				  local department of social services determines that diversionary assistance
				  will resolve the emergency.